Standing Denied: Texas Firearm Signage and the Right to Exclude

This episode from the Fifth Circuit Court of Appeals details a lawsuit brought by Bay Area Unitarian Universalist Church and local businesses against Texas law enforcement officials. The plaintiffs challenged state statutes requiring specific, large-scale signage to legally prohibit licensed handgun carriers from entering their private property, arguing these mandates violate their First Amendment rights. Ultimately, the court affirmed the dismissal of the case, ruling that the plaintiffs lacked Article III standing because they could not prove a direct injury caused by the defendants. The majority concluded that the law does not coerce the owners’ speech and that federal courts lack the authority to rewrite state criminal codes. Conversely, the dissenting opinions argued that the burdensome signage requirements infringe upon the fundamental right to exclude and create unconstitutional, asymmetric treatment of property owners.