State Fair of TX now off-limits to guns

[color of law]

Well, my timing is good anyway, especially if you like bad news: Yesterday the Supreme Court of Texas upheld the right of the State Fair to ban firearms from the property. The Fair claimed to be a "private" entity, and the Supremes swallowed that hook line and sinker...

This case is not over. All the State Supreme Court did was deny a temporary injunction. In other words, it is not over until the fat lady sings, and the fat lady has not sung.

Here is the States Writ of Mandamus to the Supreme Court:

https://www.texasattorneygeneral.gov/sites/default/files/images/press/State%20Fair%20Petition%20for%20Writ%20of%20Mandamus%20SCOTX%20Filed.pdf

Here is the Supreme Court's Opinion:

https://static.fox4news.com/www.fox4news.com/content/uploads/2024/09/Texas-Supreme-Court-Opinion.pdf

 

[KBCraig]

Well, my timing is good anyway, especially if you like bad news: Yesterday the Supreme Court of Texas upheld the right of the State Fair to ban firearms from the property. The Fair claimed to be a "private" entity, and the Supremes swallowed that hook line and sinker.

That was the temporary injunction; if the case is seen through to the end and the Court still holds that opinion, then it wouldn't be the first time that courts have ignored the law and selected an outcome that they think is right.

 

[Brian D.]

I read all that legal stuff. The "fat lady" doesn't have to sing, just hold the stage curtain down for a month or less to keep the court show from being performed while the fair takes place.

I'm betting that will happen.

 

[color of law]

I read all that legal stuff. The "fat lady" doesn't have to sing, just hold the stage curtain down for a month or less to keep the court show from being performed while the fair takes place.

I'm betting that will happen.

Everybody is looking for instant gratification. The courts move slowly. And that is what is happening. If the Attorney General goes back and presents the proper argument as the Supreme Court suggests, than maybe guns will be at the fair next year. Rome wasn't built in a day.

 

[color of law]

I went back and reread the AG's petition and the Supreme Courts opinion. It is clear the court is trying to get around the Second Amendment. The court is splitting hairs by raising so caused frivolous "what ifs" based on a withdrawn Opinion, Tex. Att’y Gen. Op. KP-0108, at 3 (2016). Here is the link: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2016/kp0108.pdf
In reading the withdrawn opinion, all the AG said was a private entity leasing public property could possibility bring a civil action for trespass. In other words, the police could NOT arrest someone for criminal trespass.

This would be an entirely different case if the State had brought the case in the name of the People. See post #18 above.