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by BrianSW99
Tue Sep 29, 2009 4:08 pm
Forum: General Texas CHL Discussion
Topic: State Fair
Replies: 45
Views: 8390

Re: State Fair

dicion wrote: And since it is publicly owned, they cannot prohibit you from carrying there, per 30.06(e).

Therefore refusing you entry because you're carrying, and not willing to allow them to collect your information is illegal.
Unless they collected the exact same information for every single other patron that entered.

Singling you out because of your CHL status is discriminatory.
My point is that they are not refusing you entry because you're carrying. They would be refusing entry because you aren't allowing them to collect the information they want. What law says they can't discriminate based on CHL status, especially since it's a private organization? I don't think CHL status is protected under the anti-discrimination laws that cover race, sex, religion, disability, etc.
by BrianSW99
Tue Sep 29, 2009 12:18 pm
Forum: General Texas CHL Discussion
Topic: State Fair
Replies: 45
Views: 8390

Re: State Fair

gemini wrote:My understanding of the law was that you ONLY had to produce your DL /CHL if asked for ID by a LEO
or magistrate.
That's true, but you don't have to show your CHL at the fair either. You are free to walk away and not enter if you don't want to show it. The law you refer to applies to times that you have no choice but to produce your ID.
gemini wrote:Ouch. A store is a PRIVATELY (corp) owned business and property. Accepting a check for payment of goods/services rendered
and requiring a DL is so that in case your check fails to clear, and the store has to file charges to collect, the local DA has a positive ID of who to go after. Why should the Fair's "rules" for entry differ from our state capitals or other government facilities? It is a publicly owned site. What's in the written law and not in the written law are equally important.... I can't find anywhere in my PC stating a written log of my attendance or entry into any government / publicly owned site requires I give my CHL to any ticket taker, gate attendant, wand waver or the Pope. I'm totally against this, if it's current Fair policy, and I'm willing to make a few calls to let my displeasure be known.
The property may be publicly owned, but the State Fair is a private entity that leases the Fair Park. From their webpage:

"State Fair of Texas, Inc. is a private, non-profit corporation. It receives no funds from state, federal or local government and is entirely self-supporting. Programs and policies are set by a 55-member board of directors."

I don't like or agree with their policy, I just don't think they are breaking any laws by recording the CHL license number.
by BrianSW99
Mon Sep 28, 2009 11:09 pm
Forum: General Texas CHL Discussion
Topic: State Fair
Replies: 45
Views: 8390

Re: State Fair

As someone pointed out, that law only limits the information the dps is able to provide about you in an open records request. It doesn't restrict the fair from requiring you to provide your chl number. This is the same as a a store requiring your DL number to accept a check. Just as a store can refuse to accept a check without a DL, I believe that the State Fair is probably within their right to refuse entry if you don't abide by their policies. Even if they're govt owned and prohibited from refusing entry under 30.06, they're not technically telling you that you can't carry. Just that you must follow their rules for entry.

This of course is just my .02 based on my understanding of the law.

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