The Woodward News

Local News

September 22, 2012

Judge turns down injunction request

Johnny McMahan Woodward News

Woodward, Okla. — Garfield County District Judge Paul K. Woodward rejected the Woodward Industrial Foundation's request for a temporary injunction against District Attorney Hollis Thorp's ruling that the foundation is a public body and subject to the Oklahoma Open Meeting Act.

Judge Woodward made the ruling on Friday, writing simply "The Plaintiff's (WIF) request for a temporary injunction is denied."

After an investigation prompted by a citizen complaint on Aug. 8 about the industrial foundation possibly being in violation of the open meeting law, Thorp ruled on Aug. 28 that the foundation was indeed a public body.

The WIF countered by saying it is a private non-profit organization that contracts with the City of Woodward for business recruitment and industrial development services.

On Sept. 10, the industrial foundation filed its application in Woodward County District Court for a temporary injunction on Thorp's ruling and the case was assigned to Judge Woodward.

The judge heard initial arguments on Sept. 10, then received briefs from the District Attorney's Office and the WIF Attorney before making his ruling.

The District Attorney's brief centered on a 2004 case where the Oklahoma Supreme Court ruled that one of 3 prerequisites that must be met for an injunction to be appropriate is to show the "statute or ordinance is void or unconstitutional."

The District Attorney's Office said the WIF "has neither alleged nor shown that the Oklahoma Open Meeting Act is void or unconstitutional," and requested the injunction be denied.

The brief submitted by the Industrial Foundation said the state's (DA's office) conclusion that WIF is a public body is "inconsistent" with state law and that an injunction was needed to protect the WIF's rights while the court proceedings continued.

Friday's ruling by Judge Woodward was only on the injunction. The case itself - The WIF is seeking an order declaring that the foundation is not a public body - will continue in civil court with Judge Woodward presiding, according to court records.

"The next step is for us (District Attorney's Office) to file a response to the petition," said Woodward Assistant District Attorney A. J. Laubhan on Friday.

Laubhan said he didn't have a date on when the response would be filed, adding that, with the case still pending, he would prefer not to comment further.

Woodward Industrial Foundation Chairman Alan Case said in a written statement, "We have been notified of the decision by Judge Woodward and fully intend to comply and operate in an open fashion until such time that we can have our issues fully resolved before his court."

The industrial foundation has met once since Thorp's ruling and its Sept. 12 meeting was open to the public.

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