OKLAHOMA MAYORS ACTED UNLAWFULLY WITH COVID-19 ORDERS
The mayors of Oklahoma City, Tulsa, and Norman lacked authority under state law to order shelter in place.
OKLAHOMA CITY, OK (May 27, 2020) – The 1889 Institute has published “An Argument that Oklahoma’s Mayors Acted Unlawfully During COVID-19.” The legal analysis is authored by the Institute’s Legal Fellow, Ben Lepak, a municipal law expert given his experience counseling 24 elected officials across three Oklahoma counties in a previous position. He makes the case that mayors improperly issued shelter in place orders under a state law intended to combat riots and looting, not pandemic. The study argues that city social distancing rules more restrictive than the state’s are invalid.
“The mayors of Oklahoma’s three largest cities took extreme measures limiting their citizens’ freedoms and harming them financially without proper legal authority,” said Lepak. “These mayors claimed legal authority under laws that simply were never intended for containing a pandemic,” he said.
In the study, Lepak examines city ordinances and state laws governing the mayors’ orders, and concludes that the mayors misapplied the Riot Control and Prevention Act of 1968 and local city ordinances based on that Act. These laws were passed in response to social unrest in the late 1960s due to racial tensions and opposition to the Vietnam War.
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from MuskogeePolitico.com
