Federal Court Says Christians Can Share Their Faith at Texas State Fair

Contact:  Brian Fahling
American Family Association
P.O. Drawer 2440
Tupelo, MS 38803
1-662-680-3886

For Immediate Release:  10/12/2006

Tupelo, MS - A federal district court in Dallas, after an emergency hearing, ruled yesterday that religious speech is protected inside the fair grounds at the Texas State Fair in Dallas.

The lawsuit was brought on behalf of Darrel Rundus who, the past two years, had been threatened with arrest and ordered to leave the Texas State Fair for presenting the Christian message inside the fair grounds and on the public sidewalks adjacent to it.

Before filing for emergency relief on behalf of Mr. Rundus, CLP attorneys Brian Fahling and Bruce Green attempted to secure an agreement from the City of Dallas that its officers would not interfere with Mr. Rundus as he exercised his first amendment right to share his faith with fairgoers outside and inside the Texas State Fair this year.

The City responded that it’s lease with State Fair of Texas, Inc., which puts on the Texas State Fair each year, made the Texas State Fair a private event on private property and Mr. Rundus and others had no constitutional rights inside the fair grounds. Before the court's ruling yesterday, though, the City conceded that the sidewalks outside the fair grounds are public and that Mr. Rundus and others were free to exercise their constitutional rights there.

In its ruling yesterday the federal court determined that the Texas State Fair is a public place where constitutional rights are protected; as a result of the ruling, Mr. Rundus and others are now free to share their faith inside the fair grounds. The judge upheld the fair’s prohibition on leafleting, however.

Fahling and Green said they would appeal the court's ruling upholding the restriction on leafleting. An individual or group can only leaflet inside the fairgrounds at the Texas State Fair if they pay a fee ranging from $2,000 to $19,000. The attorneys said “the fee requirement is an unconstitutional license tax on the exercise of First Amendment rights.

The Center for Law & Policy is a public interest law firm with a national practice. It specializes in First Amendment litigation in federal court.