Cleveland County Judge Michael Tupper dismissed a lawsuit that challenged Norman voters' approval of a homeless shelter bond following a Wednesday morning hearing.
The lawsuit, which was filed April 16, sought legal clarification on the constitutionality of voters’ approval of an $8 million bond to construct a permanent homeless shelter.
Former Ward 5 candidate Dianna Hutzel filed the suit, according to the Oklahoma State Courts Network. Hutzel lost to Councilmember Trey Kirby for the Ward 5 seat in a runoff election on April 7.
Plaintiffs also included William Coker and Teresa Borum, a former Ward 4 candidate who ran in 2022. Borum filed two petitions involving homeless shelters in 2022, one of which called for tax-funded shelters to require a public vote.
During the hearing, the plaintiffs’ attorney Matt Failing argued that the vote to approve the bond should have fallen under the Oklahoma Constitution’s Article X, Section 26, which requires a supermajority vote on debt incurred greater than the city’s income that year.
Section 27 of Article X, however, requires a simple majority vote on debts for public utilities.
Failing argued since the shelter serves only those experiencing homelessness, and not the “public at large,” the vote would fall under Section 26.
“It’s not a building that anyone can use at any time,” Failing said.
Failing said the argument that the vote falls under Section 27 is “constitutional shopping,” arguing that the simple majority helps individuals experiencing homelessness in Norman, but harms property taxpayers.
Rick Knighton, Norman city attorney, argued that the vote falls under Section 27.
Knighton said public utility can be defined by public use and public benefit.
“(Public utility means) use by the public, but also use by portions of it… the court’s focus is on use, not access,” Knighton said.
Tupper ruled in favor of the city of Norman, dismissing the lawsuit. Tupper said the plaintiffs’ argument is legally insufficient, and the “public benefit” of the shelter to health, safety and welfare fits into the constitutional definition of public utility.
The plaintiffs have 30 days to make an appeal, Tupper said.
Norman Mayor Stephen Tyler Holman said he expects the ruling to hold if there are future appeals.
“Based off the hearing today and the comments from Judge Tupper and the ruling, I would feel pretty confident in our position that this would survive an appeal,” Holman said.
Holman wrote in a Facebook post Wednesday that the ruling affirms the actions taken by the city and Norman voters.
"While the plaintiffs have the right to appeal, we will continue moving forward with the project until instructed otherwise by the courts," Holman wrote. "Our responsibility now is to respect the outcome today, and focus on implementing what 54% of voters approved on April 7th."
Homeless encampment clearing
On Monday, both Tiffany Vrska, chief communications officer for the city of Norman, and Jeremy Walker, Cleveland County Sheriff’s Office director of communications, confirmed to the Daily via email that city and county law enforcement plan to clear a homeless encampment site near Food and Shelter.
Ward 4 Councilmember Helen Grant wrote in a Tuesday Facebook post the encampment clearing was postponed and would not occur that day.
"Something was misfiled and until it is corrected the encampment clearing on State land is paused, ..." Grant wrote. "With the clearing time extended people from City staff to local organizations are working on solutions. Additionally, Staff is proceeding with preparation for the permanent shelter site, regardless of litigation since the plan was always to build with or without a bond, so that area is being fenced off this week with construction fencing."
The encampment area, which surrounds the shelter at 201 Reed Ave., is on state property, a Norman Police Department spokesperson confirmed to the Daily Monday.
Vrska wrote that NPD’s proactive crime enforcement, or PACE, team has been involved in the operation as a partner agency and to share resources. Vrska wrote the area is under Cleveland County Sheriff’s Office jurisdiction.
Walker wrote the response is a multi-agency effort between the sheriff’s office, NPD and “community service partners.” He did not specify who the community partners were.
Homeless shelter bond background
Proposition 5 was approved by residents April 7 with 54.25% in favor, according to the Oklahoma State Election Board.
The bond will fund the construction of a permanent homeless shelter on Reed Avenue, near other services like Food and Shelter, through property tax revenue. Residents will see tax increases depending on their property value.
The city sent the Daily a statement April 17 stating the vote was consistent with Article 10, Section 27, which allows cities to issue debt for public utilities. The city also stated it could not comment further because the case is pending.
“Public Utilities’ has been interpreted to include community facilities as defined by state law (this would include parks, senior centers, homeless shelters, juvenile centers, etc.),” the statement reads. “The City of Norman will respond accordingly to any legal filings or orders from the Court on this matter.”
This story was edited by Natalie Armour.
