Paxton Sues San Antonio Bar After It Refused Entry to Off-Duty Officer

Texas Attorney General Ken Paxton is taking aim at a San Antonio bar that refused entry to an off-duty police officer who was carrying a firearm. Though the incident took place back in January, the attorney general only took legal action this week after the venue supposedly didn’t respond to a letter Paxton had sent in the hopes of getting the bar to agree to comply with state law in the future. 

While Texas doesn’t allow for concealed carry holders or individuals carrying under the state’s Constitutional Carry law to bear arms in bars and restaurants that derive a majority of their revenue from alcohol sales, the law is pretty clear that police officers, even off-duty, can carry in almost every business.

Pursuant to Article 2A.052 of the Texas Code of Criminal Procedure, an establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment’s premises a weapon that the peace officer or special investigator is otherwise authorize to carry, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer’s or investigator’s duties while carrying the weapon. 

For purposes of this law: 

1. “Establishment serving the public” means:
   1. A hotel, motel, or other places of lodging;
   2. A restaurant or other place where food is offered for sale to the public;
   3. A retail business or other commercial establishment or an office building to which the general public is invited;
   4. A sports venue; and
   5. Any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.
2. “Sports venue” means an arena, coliseum, stadium, or other type of area or facility that is primarily used or is planned for primary use for one or more professional or amateur sports or athletics events and for which a fee is charged or is planned to be charged for admission to the sports or athletics events, other than occasional civic, charitable, or promotional events. 

I personally have some reservations about this law. I believe that property owners generally have the right to set their own policies regarding lawful carry (even if gun-free zones are a bad idea), and I can’t stand statutes that grant law enforcement special privileges, even when they’re off duty. 

Still, the law is in place, and I’m pretty sure it would survive a legal challenge in Texas, so I don’t see any good options for The Paper Tiger in defending the actions of employees in the incident. 

 “The code of criminal procedure is pretty specific that law enforcement is permitted on the premises of otherwise off-limits places, such as bars,” said attorney Daniel Mehler, who is not involved in the lawsuit. 

A police report obtained by News 4 San Antonio indicates that venue staff expressed concerns for the safety of patrons, stating they did not want the armed officer present, with or without a gun. Mehler noted that the venue’s rights might allow them to control entry, even if the officer had a concert ticket.

“Tickets are revocable licenses, just like you can get kicked out of a Spurs game if you have too much to drink and you’re acting a fool,” Mehler said. “The idea that he has the right to control who comes in his property, he has the right to control his premises, and unless the law enforcement actually has a reason to be there, he doesn’t have to welcome them with open arms.”

That’s where I come down personally, but that view’s in direct conflict with the state statute. 

As an aside, Paxton has stated that he believes the prohibition on lawful concealed carry in bars is unconstitutional, though he’s also argued that the Firearms Policy Coalition’s legal challenge to the statute should be dismissed, claiming that the lawsuit improperly named the Texas Department of Public Safety as the primary defendant in the case. Back in July, a federal district court judge sided with Paxton in refusing FPC’s attempt to amend its complaint, but even if the judge ends up granting summary judgment to Texas the issue of this particular “gun-free zone” (and others) isn’t going away. 

Editor’s Note: Gun-free zones cost lives. 

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