Judge Dismisses Lawsuit Against the State Fair of Texas

Judge Tonya Parker of the 116th District Court in Dallas has dismissed a lawsuit brought against the State Fair of Texas by the Austin law firm Riggs & Ray, P.C., which appeared to be acting to further the political agenda of a party that does not want the State Fair at Fair Park in Dallas. The lawsuit alleged that the State Fair is a “governmental body” subject to the Texas Public Information Act. In fact, the State Fair of Texas is a private Texas nonprofit corporation granted tax-exempt status by the Internal Revenue Service under Section 501(c)(3) of the Internal Revenue Code and is not supported by any governmental money. Judge Parker dismissed the lawsuit under the Texas Citizens Participation Act (Texas’ “Anti-SLAPP” law) concluding that the Fair is not a governmental body and awarded the State Fair attorney’s fees, expenses and sanctions totaling $298,206.59. The State Fair asked the judge to order that the $30,000 in sanctions be paid into the Fair’s Youth Scholarship Program, which gives money for college to graduating high school seniors around the state of Texas who have participated in competitive youth livestock events held at the State Fair, as well as from five Dallas Independent School District high schools near Fair Park, the home of the State Fair for 131 years. This lawsuit, if successful, would have paved the way for other private 501(c)(3) nonprofits in Texas to be classified as “governmental bodies” forcing them to spend their limited resources and funding to deal with the inevitable requests for what has always been understood as private information. The Fair is pleased that the judge in dismissing the case has saved these charitable organizations from this unnecessary burden.The plaintiffs have indicated that they will appeal the judge’s decision. “We are confident that the judge’s decision will be upheld at the appellate level,” Glieber said.