The Oklahoma Supreme Court overturned a district court ruling Wednesday that found the Oklahoma Turnpike Authority violated the Open Meeting Act in a February 2022 meeting.
The 5-3 ruling granted OTA summary judgment, effectively dismissing the case because the evidence is legally defective.
The lawsuit against OTA was filed in May 2022 after residents alleged the agency did not specifically list the ACCESS Oklahoma projects on the agenda, therefore violating the Open Meeting Act.
Seminole County District Judge Timothy Olsen ruled on summary judgment in favor of the residents in December. Olsen said the unlisted projects should have been on the agenda.
“The agenda items were void of any description of the routes for which the business being transacted were necessary,” the order read.
Oklahoma Supreme Court justices ruled the announcement of OTA’s plans at the February 2022 meeting “was for informational purposes only,” according to the opinion.
In a press release from Pike Off OTA, lead plaintiff in the case Tassie Katherine Hirschfeld wrote she was disappointed by the ruling, but respected the court’s opinion.
“We remain committed to improving transparency in Oklahoma and believe we will have many more opportunities to hold the OTA accountable for its poor decisions,” Hirschfeld wrote.
Lead attorney for the plaintiffs Stan Ward wrote that Wednesday’s opinion will negatively impact hundreds of landowners in Oklahoma and is a loss for Oklahomans who expect the Open Meeting Act to protect their right to know about local and state government projects.
“Today’s 5 to 3 Supreme Court opinion marks a black day for transparency in Oklahoma state government,” Ward wrote. “It’s extremely unfortunate that the Open Meeting Act has been effectively neutered.”
Nikkie Aisha copy edited this story.
