State of Texas vs City of Dallas and State Fair Update
A temporary injunction is the necessary legal means to stop the unconstitutional weapons policy recently implemented by the State Fair of Texas. Due to the timing of the policy change and the looming start date of the fair, a temporary injunction would allow the policies to be stopped but still allow the case to have a trial. A non-jury trial is currently set for June 2025.
The State of Texas filed an
Amended Petition on September 6, 2024. The Amended Petition added new causes of action, and additional plaintiffs to the suit. Individuals, Maxx Juusola, Tracy Martin, and Alan Crider are now named plaintiffs. These individuals are listed as Texas citizens. Juusola is a license holder “who desires to exercise his right to carry a firearm, both as a license holder and constitutionally.” Martin has the same license and mentality, while Crider shares the mindset and does not have a license. All three simply wish to exercise their rights.The descriptions of the three in the Amended Petition match the mentality of the Texas State Rifle Association.
The Original Petition cited three causes of action. The first was the violation of the Texas Government Code. By law, state agencies or political subdivisions of the state (such as the City of Dallas) are not allowed to prohibit license holders from being on the premises of a location owned or leased by the governmental entity. The Petition cited the Firearm Carry Act of 2021 (H.B. 1927). This bill, worked extensively by TSRA, allows most people 21 years of age and older to carry a handgun in Texas. It allows them to do so without a license to carry.
The amended Petition also mentions “OPENGATE” technology. It cited the addition of this technology on the State Fair website. According to the website, OPENGATE is an "innovative Weapons Detection System designed for screening people as well as their bags."
The Amended Petition stated that the City of Dallas is not allowed to post 30.06 signs or 30.07 signs on City property. This includes the location of Fair Park. In turn, the Petition states that they are not allowed to contract with the State Fair of Texas to allow them to post the signs either. A separate cause of action in the Amended Petition addressed 30.05 signs. It mentioned the fact that the City of Dallas is not a “person,” so therefore they are not allowed to post the 30.05 signs.
A Notice of Hearing was filed on September 5th by the AG’s office to set a hearing for Wednesday, September 11, 2024. However, the Defendants filed a Motion for Continuance. The Motion cited the amended petition and the timing of the hearing as their reasons for postponing the hearing. The Motion for Continuance asked that the hearing take place no later than September 19, 2024. As of this article, a note is listed on the Dallas County docket to indicate that the hearing will take place on September 19 at 9 am.
The new hearing date will still allow time for the policies to be changed ahead of the start date of the 2024 Fair on September 27.