The Kansas State Fair won the first round in its free speech dispute with People for the Ethical Treatment of Animals (PETA).

U.S. District Judge J. Thomas Marten, Wichita, Kan., ruled Tuesday the fair is a so-called “limited public forum,” and that fair officials acted reasonably in requiring PETA to shield people walking by its booth from easily seeing the group’s “educational video.”

But the judge also denied a motion by the state to dismiss PETA’s lawsuit.

The state of Kansas was represented by the office of Attorney General Derek Schmidt.

PETA sued the Kansas State Fair and the fair’s general manager, claiming restrictions violated the group’s free speech rights. At issue was a 13-minute video containing undercover images from slaughterhouses and large farms. The video, narrated by ex-Beatle and vegetarian Paul McCartney, is described as “gruesome” by PETA.