Norman residents in favor of bringing the proposed Rock Creek Entertainment District plan to a public vote filed a brief with the Oklahoma Supreme Court on April 28. The brief comes after the referendum petition was ruled invalid by the Cleveland County District Court in February.
The brief argues for the reversal of Cleveland County Judge Jeff Virgin’s decision that rendered the petition insufficient due to its explanation, or gist.
The petition had obtained 10,689 certified signatures in 27 days, surpassing the required 6,098 signatures.
“After reviewing the pleadings presented as well as arguments of counsel, the Court finds, for the reasons stated in Petitioners'/Protestants' pleadings as well as oral presentation, that the gist contained within Referendum Petition 2425-1 is insufficient,” the district court's decision reads. “As such, the Court finds Referendum Petition 2425-1 to be invalid and the same shall be stricken from the ballot.”
The brief states the Oklahoma Constitution protects the right to initiate referendum and the February decision is unconstitutional. According to the brief, the validity of the gist is measured by the standard of fraud, deceit and corruption, and the authors of the brief said the gist was not fraudulent, deceitful or corrupt.
“The Court’s referendum and initiative petition jurisprudence teaches that the Court must give a referendum petition all benefit of the doubt, ...” the brief reads. “The real question is whether any omission of information in the gist perpetuates a fraud on the signatories.”
Petitioners appealed the issue to the Oklahoma Supreme Court following the February decision. Appellants motioned for an en banc oral argument, meaning the case would be heard by all judges of the court, rather than a panel.
According to the brief, petition organizers collected signatures of people opposing the entertainment district after Norman City Council held an over seven-hour long special meeting where it approved the project in a 5-4 vote.
“The Referendum Petition seeks a vote of the people on a highly controversial City of Norman Arena and Entertainment District TIF Plan intertwined with some of the University of Oklahoma’s sports programs,” the brief states. “Petition Proponents contend that the Project will result in fiscal harm to the City, the County, and the Norman Public Schools, as well as economic harm to the Norman Community.”
This story was edited by Anusha Fathepure, Ana Barboza and Ismael Lele. Mary Ann Livingood copy edited this story.
