Saturday, March 02, 2024

LAWSUITS AGAINST TEXAS VENUES THAT REFUSE TO ALLOW OFF-DUTY OFFICERS TO BE ARMED

Texas AG Ken Paxton sues the State Fair of Texas, the Factory in Deep Ellum, and Texas Trust CU Theatre in Grand Prairie

The lawsuits allege off-duty officers weren't allowed into the venues with their firearms, in violation of state law.
 
By Rachel Snyder  

WFAA
Feb 29, 2024
 
 

The State Fair of Texas

 

DALLAS — Texas Attorney General Ken Paxton has sued the State Fair of Texas, the Factory in Deep Ellum, and the owner of Texas Trust CU Theatre in Grand Prairie. 

The lawsuits allege the venues didn’t allow off-duty officers to bring their firearms into the venues on multiple occasions, violating a 2017 law allowing officers to bring their weapons into public venues, whether or not the officers are on duty.

The lawsuits against the venues were all filed on Feb. 23 in Dallas County district court. 

The 2017 law Paxton cited requires “a sports venue or place of public accommodation, amusement or convenience, to which the general public is regularly invited, may not prohibit or restrict a peace officer from carrying on the establishment’s premises a weapon that the peace officer is authorized to carry, regardless of whether the peace officer is engaged in the actual discharge of the officer’s duties while carrying the weapon.”

Lawsuit against the State Fair

The lawsuit against the State Fair alleges at least two off-duty officers were denied entry into the fairgrounds with their weapons after they displayed their credentials, court records show. It’s unclear if the off-duty officers involved in the other lawsuits displayed their credentials.

“This suit was just brought to our attention, and we are not aware of any details related to the alleged incident at this time,” State Fair spokesperson Karissa Condoianis said in a statement Wednesday. “The State Fair of Texas takes seriously its legal obligations to allow peace officers to lawfully carry their weapon at the fairgrounds. To that end, the State Fair requires at least one Dallas police officer to be posted at each admission gate to check credentials and ensure compliance. This policy allows peace officers to deal face-to-face with other peace officers to ensure compliance and safety for all our guests.”

The lawsuit against the State Fair alleged the first off-duty officer was prevented from bringing his weapon on the fairgrounds in 2022 and the second in 2023.

The lawsuit says Paxton’s office wrote to the city of Dallas in February, which was forwarded to the State Fair. The Fair said in a letter in response that they would comply with the law, according to the lawsuit.

But the lawsuit alleges the second off-duty officer mentioned in the lawsuit was prevented from bringing his weapon on the fairgrounds in September 2023, after the receipt of the letter. 

Condoianis said the State Fair of Texas will investigate the incidents alleged in the lawsuit to determine what happened.

The State Fair of Texas website says only those licensed to carry a gun can bring one into the fairgrounds.

Lawsuit against the Factory in Deep Ellum

The lawsuit Paxton’s office filed against the Factory in Deep Ellum alleges at least eight off-duty officers were prevented from bringing their weapons into the venue in separate incidents going back to 2021.

The Factory at Deep Ellum’s website says “weapons including knives, firearms, etc.” are prohibited in the venue.

Paxton’s office reached out to representatives of the owners of the Factory about the venue’s compliance with the law, and a letter Paxton’s office received on Feb. 27. 2023 in response “communicated that the defendant would cease violating” the law, according to the lawsuit.

But Paxton’s lawsuit alleges more than four of the instances of off-duty officers being prevented from bringing weapons in the venue happened from May to December 2023, after the receipt of the letter.

WFAA has reached out to the Factory at Deep Ellum for comment.

Lawsuit against Texas Trust CU Theatre in Grand Prairie

Paxton’s lawsuit against the venue alleges at least two off-duty officers were prevented from bringing their service weapons inside.

Paxton’s office sent a letter to the city of Grand Prairie after the first instance and the city responded, saying they had advised the venue about the need to comply with the law on Feb. 20, 2023, according to the lawsuit. But Paxton’s lawsuit alleges the second instance happened on April 13, 2023, after the city’s response letter.

Texas Trust CU Theatre in Grand Prairie’s website also lists weapons among the items prohibited in the venue, and their website’s FAQ section regarding weapons says, “Guests, including law enforcement personnel, not present in an official capacity, are prohibited from bringing weapons into the theatre.”

The theater’s website also addresses its entry inspection policy. 

“All guests entering the theatre during an event will be subject to a metal-detector screening, visual inspection, and a bag inspection conducted by security personnel.”

Paxton’s lawsuit against Texas Trust CU Theatre in Grand Prairie is quoted from their website.

“Plaintiff knows of several peace officers that, upon viewing the defendant’s website, have concluded that their legal authority to carry their authorized weapon into the defendant’s establishment while off duty was in fact restricted and/or prohibited,” Paxton’s lawsuit reads.

WFAA has reached out to Texas Trust CU Theatre’s owners for comment.

It’s unclear how Paxton’s office became aware of the alleged incidents, but Paxton’s office has a form online to submit complaints related to the law.

1 comment:

Anonymous said...

Yep. I was a victim of this a couple of years ago at a Santa Land near College Station. I called the venue and spoke to the head of security to let them know about the law in Texas. NRG Stadium was also violating the law until recently. (ABC)