2026 Trial Focuses on Music Venues and the “Off-Duty Officer” Carry Law

A San Antonio music venue has become the focal point of a major legal showdown between small business rights and Texas law enforcement statutes. In early 2026, the Ken Paxton Paper Tiger lawsuit (State of Texas v. Empty Stomach, LP) moved into a critical trial phase in Bexar County. The case, initiated by the Texas Attorney General’s Office in August 2025, alleges that the popular St. Mary’s Strip venue, Paper Tiger, violated state law by refusing entry to an armed, off-duty police officer. The outcome of this litigation will set a definitive precedent for how private establishments must balance their own safety policies with the carrying rights of peace officers.

The Incident: St. Mary’s Strip Confrontation

The lawsuit stems from an event on January 17, 2025. According to the petition filed by Attorney General Ken Paxton, an off-duty San Antonio Police Department (SAPD) officer, Raul Tijerina, attempted to enter Paper Tiger while carrying his service weapon. Despite the officer reportedly attempting to “educate management” on the Texas Code of Criminal Procedure, he was denied entry. Even after active-duty SAPD officers arrived on the scene to explain the law to the venue’s staff, the management allegedly “adamantly refused to comply,” citing the venue’s status as an establishment that serves alcohol and hosts large crowds.

This conflict between local venue culture and state mandate is a recurring theme in 2026 Texas litigation. It mirrors the jurisdictional friction seen in the Koteiba Azzam State Farm lawsuit, where institutional rules are challenged by broader legal requirements. For Paper Tiger, the defense rests on the safety concerns inherent in a high-energy music environment, while the state argues that peace officers are “never truly off-duty” when it comes to public safety.

The Law: Texas Code of Criminal Procedure Art. 2.1305

The Ken Paxton Paper Tiger lawsuit hinges on a 2017 update to the Texas Code of Criminal Procedure. Article 2.1305 explicitly states that “an establishment serving the public may not prohibit or restrict a peace officer from carrying on the establishment’s premises a weapon that the peace officer is authorized to carry, regardless of whether the peace officer is engaged in the actual discharge of the officer’s duties.” The only narrow exception involves certain high-security areas or when an officer is intoxicated.

Under this code, a business found in violation can be sued for a $1,000 civil penalty for each individual violation. Given Paper Tiger’s multiple refusals documented by the state, the financial penalties could scale quickly. This pursuit of statutory compliance is a hallmark of Ken Paxton’s 2025-2026 legal strategy, sharing a similar “rule-of-law” enforcement style with the Kia Hyundai anti-theft lawsuit, which also sought to hold large entities accountable for failing to meet state-mandated security and safety standards.

Paper Tiger’s Defense: Private Property and Safety

Empty Stomach, LP, the parent company that owns Paper Tiger along with other iconic San Antonio spots like Hot Joy and Barbaro, has pushed back against the state’s characterization. In 2026 court filings, the defense argued that music venues have unique liability and safety profiles, especially during late-night hours when alcohol is served. They contend that the presence of firearms—even those carried by off-duty officers—can escalate tensions in a crowded “mosh pit” or high-volume concert setting.

Furthermore, the defense has questioned whether the state’s AG has the authority to intervene in what they characterize as a private property dispute. This “authority” debate is a central pillar of 2026 Texas law; just in February 2026, a judge ruled that Paxton lacked the authority to sue Bexar County over different funding issues. This constant testing of the AG’s power is as technically complex as the arguments found in the USAA patent infringement lawsuit, where the specific boundaries of legal “standing” determine who wins and loses before the first piece of evidence is even presented.

Key Developments in the Paper Tiger Case:

• January 2025: Off-duty officer denied entry to Paper Tiger while armed.
• February 2025: AG’s office sends a formal warning letter; venue allegedly fails to respond within 15 days.
• August 2025: Lawsuit officially filed in Bexar County District Court.
• January 2026: Discovery phase reveals internal venue emails regarding security protocols.
• March 2026: Trial begins to determine if the venue’s “no-gun” policy violates Art. 2.1305.

Conclusion: A Watershed Moment for Texas Businesses

The Ken Paxton Paper Tiger lawsuit is a landmark case that will decide the limits of private business autonomy in the state of Texas. If the state prevails, every bar, restaurant, and concert hall will be required to update their security manuals to ensure off-duty officers are granted seamless entry with their firearms. For venue owners, it’s a question of safety and property rights; for the state, it’s a matter of upholding a clear legislative mandate. For more updates on Texas business law and ongoing civil litigation.