Judge rules against Oklahoma Turnpike Authority in Open Meetings Act lawsuit

An associate district court judge ruled Thursday the Oklahoma Turnpike Authority violated the Open Meeting Act earlier this year.

In May, over 150 Cleveland County residents filed a lawsuit against OTA for violating the Open Meeting Act. The lawsuit claimed OTA failed to include information about the ACCESS Oklahoma Turnpike in meeting agendas for Jan. 25 and Feb. 22, 2022. 

At the Jan. 25 meeting, OTA members discussed and made decisions about plans for the turnpike and its route, according to the final ruling by associate district court judge Timothy Olsen. Additionally, the ruling reads the agenda for the Feb. 22 meeting did not give notice the OTA board would be "officially" announcing the turnpike. 

Olsen's ruling reads the OTA willfully left action items about the turnpike out of the agendas, violating the Open Meeting Act. Any action taken during both meetings are invalid, according to the ruling.

Stan Ward, the lawyer who representing the plantiffs in the case, said during a press conference that the he hopes that this will lead to citizens being well informed in the state. 

"I think the judge made a wonderful ruling," Ward said. "We know the fight probably is not over for good, though we're here for the long run and we intend to win."

This ruling does not mean the ACCESS Oklahoma will no longer progress, but rather deems items voted on at the January and February meetings invalid. The OTA can revisit these items at new meetings.

Ward 5 Councilmember Rarchar Tortorello, who represents the majority of people who would lose their homes due to ACCESS in Norman, said this decision is a "win" for both the city and transparency in government. 

"All my constituents have been asking was for a seat at the table, to have their comments and concerns heard," Tortorello said. "We will show up and we will provide public comment." 

In a statement to OU Daily, OTA spokesperson Brenda Perry said the authority respects the court's decision and will correct what it found "deficient."

"The Oklahoma Turnpike Authority has always endeavored to conduct its statutory mission to construct, operate repair and maintain turnpike projects in an open and transparent manner," the statement read. 

Further, the OTA said that ACCESS was officially announced and voted on at its December meeting, and therefore the public had some time to ask questions. 

"The announcement was made at an early stage of development so that the public would have meaningful information about the OTA's long-range plans and the timing of future projects," the statement read.