TexasCHLforum.com

Grayling813 wrote: ↑Thu Aug 15, 2024 10:26 am

srothstein wrote: ↑Wed Aug 14, 2024 9:27 pm I hate to burst everyone's bubble when it comes to AG Paxton on this, but it is political showboating and will not go anywhere. And he knows this and did this for the votes only.

If you read his official opinion (Opinion KP0108 here) it explains that the city is not responsible for the posting of the signs by a non-profit leasing the land, and that the posted signs are not illegal. It does point out that the property is still excepted from the violation under 30.06/30.07, so the signs are unenforceable.

A possible legal question that MIGHT change my opinion of Paxton on this is if the State Fair organization pays the city for the use of the land (leases the land from the city) or if they are contracted by the city to run the fair (as a contract employee/agent of the city). An agent of the city, even a contracted one, is still governed by the city and it means the city is responsible for the signs. A lessor of the property means the city is not responsible.

According to the letter that Paxton sent to City of Dallas, the SFOT is contracted by the city to operate the fair. And he considered KP-0108 in issuing the letter to City of Dallas.
https://www.texasattorneygeneral.gov/si ... 0Final.pdf

Through this lease agreement, the City of Dallas authorizes the State Fair of Texas to take control
of the functions of operating the public city park, various city buildings, walkways and sidewalks
contained within the 277 acres over a 24-day period.

To the extent that the State Fair of Texas, as a nonprofit organization, may have considered Texas
Attorney General Opinion KP-0108 (dated August 9, 2016), in making its decision to exclude
license holders from the entirety of the 277-acre Fair Park and all of its buildings, walkways and
sidewalks, such reliance was misplaced in regard to the 277-acre Fair Park.

The big question is: will the Attorney General's office seek judgement to prevent the new policy in time for it to actually matter? And, of course, whether a judge will agree with the City or the AG's office.