Amid escalating 2024 general election coverage and a heated Senate District 47 debate Wednesday night, the world of Oklahoma politics remains hectic. The world outside of politics, however, remains busy as well, so read this roundup to catch up on important legal developments.
Below, you’ll find details on a new lawsuit filed against State Superintendent of Public Instruction Ryan Walters that challenges his Bible mandate, an update on efforts by the University of Oklahoma and Norman economic development leaders to build a new entertainment district, and another cup of tangy Swadley’s sauce.
Supreme Court asked to block Ryan Walters’ Bible directive
As some expected, the Oklahoma Supreme Court has been asked to assume original jurisdiction and block State Superintendent of Public Instruction Ryan Walters’ so-called “Bible mandate.” A group of more than 30 plaintiffs — including parents, teachers and students — filed their petition with the court Thursday.
Walters issued a memo in June and followed up with guidance in July purportedly requiring all school districts to have Bibles in their classrooms for use as an instructional resource. Although numerous district superintendents have cited state statute that gives school districts broad local control and have said they do not plan on putting Bibles in their classrooms, Walters has been forceful in his assertions that a physical copy of the Bible should be in Oklahoma public school classrooms.
“We’re going to be putting Bibles back in the classrooms,” Walters said after a July 31 meeting of the State Board of Education. “We’ve made that crystal clear. We will not allow rogue districts to lie to our kids and not teach them history.”
The lawsuit names Walters, the State Department of Education, the State Board of Education, the Office of Management and Enterprise Systems, OMES director Rick Rose, OMES purchasing director Amanda Otis and OMES contracting officer Brenda Hansel as defendants.
Throughout its 50 pages, the petition cites numerous state laws and makes several arguments as to why the court should prevent Walters from carrying out his mandate:
The Bible Education Mandate harms petitioners in numerous ways, including the following: The mandate orders the teacher petitioners to present instruction that is on religious tenets to which they do not subscribe, that would harm their students, and that would damage their relationships with their students — or face the loss of their jobs and teaching licenses if they refuse. The mandate subjects the student petitioners to instruction on religious beliefs to which they do not adhere. The mandate interferes with the parent plaintiffs’ right to direct the religious and moral upbringing of their children.
The plaintiffs also said OSDE’s request for proposals to purchase the Bibles violates state law. According to the initial RFP the State Department of Education released seeking bids from potential vendors, the Bibles must be the New King James Version and include copies of the Declaration of Independence and the United States Constitution, thus ending potential squabbles about which translation Walters would use. Reporting from Oklahoma Watch indicates only two Bibles exist that meet those requirements, one of which is published by Lee Greenwood and endorsed by former President Donald Trump. (OSDE has reportedly amended the RFP to clarify that the Declaration of Independence and the Constitution do not have to be bound with the Bible.)
At the state board’s Sept. 26 meeting, Walters said the State Department of Education is allocating $3 million to purchase the Bibles already. Board members also approved a request to the Oklahoma Legislature for an additional $3 million to purchase Bibles.
“Respondents intend to spend on the Bibles funds that were designated for other purposes and have not been lawfully reallocated,” the plaintiffs wrote. “The Request for proposal to supply Bibles violates state procurement requirements because it is gerrymandered to favor two particular providers. And religious-freedom provisions of Oklahoma’s Constitution (…) prohibit spending state funds on the Bibles because they are religious items and the spending would support one particular religious tradition.”
Walters’ purported mandate has already drawn one lawsuit in Mayes County. Now, the 32 plaintiffs are asking the Supreme Court to enjoin the mandate and prohibit Walters from spending public funds to purchase Bibles for schools.
In a statement emailed Thursday, Walters defended his Bible mandate as a way to reintroduce documents important to the country’s history back into the classroom.
“Oklahomans will not be bullied by out-of-state, radical leftists who hate the principles our nation was founded upon,” Walters said. “The simple fact is that understanding how the Bible has impacted our nation, in its proper historical and literary context, was the norm in America until the 1960s and its removal has coincided with a precipitous decline in American schools. It is not possible for our students to understand American history and culture without understanding the Biblical principles from which they came, so I am proud to bring back the Bible to every classroom in Oklahoma.”
The plaintiffs are represented by numerous state and national law firms, including the Oklahoma Appleseed Center for Law & Justice, the American Civil Liberties Union of Oklahoma, the national ACLU, Americans United for Separation of Church and State and the Freedom From Religion Foundation.
The plaintiffs are:
- The Rev. Lori Walke, a pastor at Mayflower Congregational United Church of Christ;
- Jenny Bobo, a public school teacher, her husband Preston Bobo, as well as their minor child, a public school student;
- Robin Clymer, a public school parent
- Cortney Cunningham, a public school teacher;
- Matthew Dixon, a public school parent;
- Rachel Hill, a public school parent, and her minor children, one of whom says they were given a quiz over the Bible while in school;
- Amber Hood, a public school parent, as well as her minor child;
- Mike Howe, a frequent speaker during the public comment portion of State Board of Education meetings and a Tulsa Public Schools substitute teacher;
- Brenda Lené, a public school parent;
- Michele Medley, a public school parent, as well as her minor children;
- Melisa Mons, a public school parent;
- The Rev. Mitch Randall, a Muscogee Nation citizen and CEO of Good Faith Media;
- Tamara Sanchez, a public school parent and teacher, as well as her minor children;
- Jay and Yulia Whitney, as well as Yulia’s minor child, who is a public school student;
- The Rev. Lisa Wolf, a professor of religion at Oklahoma City University, as well as her minor children, who are public school students; and
- Erika Wright, the founder and leader of the Oklahoma Rural Schools Coalition, as well as her minor children, who are public school students.
Signatures submitted seeking Norman vote on arena TIF
More than 11,600 signatures were submitted to the Norman city clerk’s office Thursday in an effort to trigger a referendum election on the controversial TIF districts approved to provide $600 million of public financing for building a new arena to host University of Oklahoma sporting events and surrounding residential and retail developments.
With only 6,098 valid voter signatures needed for a successful referendum petition, attorney Robert Norman told media and those gathered in front of Norman City Hall that organizers anticipate triggering a Feb. 11 election, which would coincide with the city’s next mayoral election.
“We kind of had an informal goal of getting up into five figures, and we did that and we smashed that in a period of 30 days,” Norman said. “You always want to submit a good number more signatures than you need. (…) Inevitably, you’re going to have a few thrown out, and you want to have a healthy cushion of signatures above and beyond what you need.”
Norman said petition organizers kept collecting signatures beyond their goal “to send a message to the bodies who are in favor of this project that the people believe otherwise.”
For numerophiles, the 11,602 figure does send a message: It is about 650 people more than the capacity of Lloyd Noble Center, OU’s current home for its basketball and gymnastics programs. The new arena — proposed for OU Foundation land about five miles northwest of the university’s campus — would seat about 8,000 people and offer a modern, upgraded and cozier atmosphere for basketball games. While the new arena would be less accessible for OU students and fans who live in south Norman, it would offer greater accessibility to fans in the greater Oklahoma City metropolitan area.
Stephen Tyler Holman, Norman’s longtime councilman for Ward 7 and a declared candidate for mayor in 2025, attended Thursday’s press conference and said citizens deserve a chance to vote on the controversial TIF proposal, which he voted against last month.
Asked about the slow and often vague manner by which details about the TIF districts and development project were rolled out to the public, Holman said he “never thought it’s been done very well.”
“It makes people feel misled. It makes people feel like there’s some sort of special interest behind it when it’s rolled out like that, in my opinion,” Holman said. “And the opposition to a public vote, you know — specifically not wanting it to go to a public vote, filing a lawsuit to prevent it to go going from a public vote — I think only inspired people to want to vote on it even more.”
Leadership with the Norman Chamber of Commerce did not respond to a request for comment regarding the signature submission announcement.
Meanwhile, a video of Thursday’s announcement posted on Twitter yielded significant criticism from people who support the arena project, including several insults — “losers,” “geezers” and “boomers” — ridiculing the fact that most of those gathered Thursday were older citizens.
Supreme Court to hear arguments in case against Hiett
The Oklahoma Supreme Court will hear oral arguments next month in a case seeking to prohibit Oklahoma Corporation Commissioner Todd Hiett from voting on issues dealing with some of the state’s biggest utilities.
Reps. Kevin West (R-Moore), Tom Gann (R-Inola) and Rick West (R-Heavener) last month filed a petition seeking a writ of prohibition from the Oklahoma Supreme Court to ban Hiett from voting on cases involving companies with direct knowledge of his “alleged criminal conduct.” They want to ban him from voting in cases involving Oklahoma Natural Gas, Oklahoma Gas & Electric and Public Service Company of Oklahoma.
The high court on Monday issued an order stating it would hear oral arguments at 2 p.m. Tuesday, Nov. 12, in the Supreme Court’s courtroom on the second floor of the State Capitol.
The lawmakers will have 30 minutes to present oral arguments and attorneys for Hiett will have 30 minutes for rebuttal. The lawmakers, or petitioners, may reserve a portion of their 30 minutes for their own rebuttal. Justices may ask questions during or after each argument, according to the order signed by Chief Justice John M. Kane IV.
While it is not the only misconduct allegation facing Hiett, the man whom Hiett allegedly groped at a conference in Minnesota this summer reportedly works for a company regulated by OCC. A pair of Kansas Corporation Commission employees made written reports alleging that an “extensively intoxicated” Hiett repeatedly rubbed the man’s arm and crotch in a group setting.
During an Oklahoma Corporation Commission meeting in July, Hiett said he has no memory of the incident due to his struggles with alcohol and that he is pursuing treatment. He resigned as chairman of the OCC but said he has no intention to step down as commissioner despite calls by fellow Commissioner Bob Anthony to do so.
Gann and the Wests wrote in their petition Sept. 13 that since Hiett’s alleged misbehavior has become public, he has “continued to participate and vote in judicial cases involving regulated public utility companies whose employees/agents/representatives have direct knowledge of his alleged criminal conduct.”
They said they and others have filed formal complaints against Hiett at the Oklahoma Ethics Commission and the Council on Judicial Complaints regarding Hiett’s violation of state ethics rules and the Code of Judicial Conduct. However, they said the complaint procedures are time-consuming and confidential.
In response, Hiett’s attorneys said in a response that the lawmakers relied “on anonymous statements, unproven allegations, classic hearsay and rank speculation.” No police report has been filed in Minnesota, and the man involved in the incident has not made public accusations against Hiett.
The three lawmakers issued a joint statement Tuesday saying they were encouraged by the Supreme Court’s action and that the court “clearly recognizes the extreme public importance of this matter and the potential for severe injury to Oklahoma ratepayers if Hiett’s tainted participation is allowed to continue to violate Oklahomans’ constitutional due process rights.”
As hearing approaches, Swadley’s closed as crews work relief
A preliminary hearing in Oklahoma County District Court for Swadley’s BBQ owner Brent Swadley and former company officials Curtis Breuklander and Timothy Hooper is set for 9 a.m. Monday before Judge Susan Stallings.
Swadley, Breuklander and Hooper were indicted in February for an alleged conspiracy to inflate invoices to the Oklahoma Tourism and Recreation Department and defraud the state while making millions of dollars worth of renovations at state park restaurant facilities between 2019 and 2022.
Swadley founded the barbecue business in 2002. Breuklander served as executive vice president, while Hooper served as chief executive officer.
In a recent letter sent to news outlets, Brent Swadley wrote that his family’s reputation and business have been harmed and that Attorney General Gentner Drummond has been “unfair” in his handling of the case.
“Due to the politically charged times in which we live, our family’s reputation and business are under attack,” Swadley wrote. “However, our family knows the truth will be revealed because of the same unwavering Christian faith that built Swadley’s BBQ and the loyal customers who made it the remarkable success it is today.”
Swadley’s operates eight restaurants in and around the OKC metro and Ardmore. Swadley also founded Swadley’s Emergency Relief Team, known as SERT, and has worked with government entities and private companies to provide disaster response for about two decades.
For more than a week, Swadley’s Mustang location has been closed “as our crews are currently assisting with the hurricane relief efforts in Florida and the Carolinas,” according to a sign posted on the drive-through menu. While the sign said the company hoped to re-open its Mustang location on Monday, as of Thursday the restaurant remained closed.
Other legal roundup news nuggets
Other recent legal news items worth knowing include:
- St. Isidore of Seville Catholic Charter School and the Statewide Charter School Board have filed their petition asking the Supreme Court of the United States to overturn the Oklahoma Supreme Court’s June ruling that the potential religious charter school is unconstitutional. Read it here.
- Speaking of the U.S. Supreme Court, Attorney General Gentner Drummond was recently in Washington, D.C. arguing before the court on behalf of death row inmate Richard Glossip. For an overview of the case, check out this SCOTUSblog article.
- And speaking of Drummond, he recently filed a petition with the U.S. Supreme Court regarding Title X, a federal family planning grant Oklahoma has received for decades. Drummond lost his case at the Tenth Circuit Court of Appeals, which agreed with the Biden Administration that rules requiring abortion referrals as part of the grant were constitutional. Now, Drummond is asking SCOTUS to take a look at the case.
- The criminal case charging former Wellston teacher Emma Delaney Hancock with two counts of lewd or indecent acts to a child under 16 and three counts of soliciting sexual contact with a minor by use of technology is set to go to trial in Lincoln County District Court on Monday morning. Hancock also faces a civil case in the same court.
- In another criminal case, a federal judge declined Thursday to grant pretrial release to Nasir Ahmad Tawhedi, who has been accused of plotting to carry out an Election Day terrorist attack.
- On Oct. 4, the U.S. Supreme Court denied Drummond’s request to stay a new Environmental Protection Agency rule regulating oil and gas emissions. Read more in this Norman Transcript article.
- The Poynter Institute, a national nonprofit newsroom and media research organization, published a deep dive Wednesday into the eight-month rise and fall of Oklahoma sports website Sellout Crowd. In July, a company called Big Dog Media LLC filed a lawsuit seeking $600,000 from four Sellout Crowd staffers: Mike Koehler, Kris Murray, Mike Sherman and Berry Trammel. On Sept. 10, Trammel and Sherman each filed answers alleging several affirmative defenses — such as fraud and contributory negligence — and making counterclaims. They alleged that “various highly successful and prominent individuals” with “co-extensive membership” between Big Dog Media LLC and Sellout Crowd LLC made “false” representations that were “designed to induce Tramel into leaving The Oklahoman” and Sherman to leave Oklahoma Watch.
