A hearing is set for Wednesday to determine the constitutionality of a vote to construct a new homeless shelter in Norman, according to court records.
The lawsuit, which was filed April 16, is seeking 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 on April 7. Plaintiffs also include 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.
OSCN’s website states the district court directed Hutzel’s legal counsel and the city of Norman to agree on a date for a temporary injunction hearing, which would determine if the city should stop funding a shelter through the bond. The city and the legal counsel reportedly agreed on April 29.
City Attorney Rick Knighton told OU Daily in an email Friday that the hearing would decide the city’s request to dismiss the injunctive relief. If the request is denied, Cleveland County District Court will hold another hearing to decide on the plaintiffs’ request.
Rachel Freeman, president and CEO of City Care, an Oklahoma City-based nonprofit operating the city’s current emergency shelter, told the Daily Friday the lawsuit will delay providing services to individuals experiencing homelessness.
“Everyone involved knows that there's literally no other place for these people to go, and so the lawsuit feels like it's going to take some time away from getting the building constructed and getting the people inside of it that need it,” Freeman said. “But at the same time, I do recognize their right to clarity.”
Freeman said the city’s emergency shelter, which holds up to 52 people, is full every night. The new permanent shelter would house up to 120 people. She said City Care is open to operating the permanent shelter and would submit a request for proposal.
A GoFundMe campaign was created on April 14 to raise $4,500 in legal expenses to challenge the proposition. The funding goal has been altered three times, with the number being raised to $8,000 on April 20.
“This is not about whether you support or oppose a homeless shelter. It’s about whether the Constitution was followed,” the GoFundMe page reads.
The campaign has raised more than $7,000 as of Friday afternoon.
According to the campaign description, the lawsuit intends to determine if the city vote violates Article 10, Section 26 of the Oklahoma Constitution, which states incurring debt at an amount higher than the city’s income that year requires a 60% majority from residents.
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.”
Hutzel declined a request for comment, and directed the Daily to her attorney, Matt Failing. Failing’s legal office, GMF Legal Services, did not respond to the Daily’s calls.
This story was edited by Anusha Fathepure, Natalie Armour, Macey Thaxton and Audrey McClour. Sophie Hemker copy edited this story.
