| Frank Urbanic, an Oklahoma Civil Rights Attorney; just restored the rights of 6 Oklahoma taverns and restaurants, to remain fully open to the statutory 2am business hours. A district court judge deemed that an injunction against governor Stitt and the ABLE Commission(the state agency enforcing statutory law and agency rules) were causing irreparable harm to several plaintiffs without first providing due process. Urbanic told Sooner Politics last week, that ABLE was beginning a practice of revoking liquor licenses if a tavern did not shut their doors at 11pm, daily. The problem with that is, The governor and state agencies were not establishing proper rulemaking procedures. The Judge's act applies only to the 6 plaintiff restaurants & taverns, because they were the only ones who fought back. This ought to encourage more restaurants to defend their rights and claim their liberties; and hold the govt. to accountability. What are proper agency rules? When an agency deems new rules are essential, they are required to publish such proposed rules and allow for a public comment period, to gauge the impact on the people. |  Attorney Frank Urbanic (right) files a legal response to the governor's new orders, and the ABLE Commission's enforcement of the orders. |
They then schedule an agency board vote and send the final proposed rules to the governor, who must sign the rules. These rules may not exceed statutory language which the legislature has authorized. It simply 'fleshes out' the statutory intent.
What are emergency rules?
Emergency rules can only be created when an emergency exists, as defined in our constitution and statutes. The governor appears to be very reckless in this area.
Last March, Frank Urbanic exposed the governor's abuse of the state Insurrection and Riot act. Urbanic said then, that Stitt was claiming that Oklahoma is in a state of widespread riot and limits on freedom of assembly are justified. Within days of Urbanic's late March publication, Stitt properly declared a State Health Emergency. The difference is that the latter requires an active legislative role of oversight. The legislature was called into special session and they gave Stitt a 30 day approval with their own oversight committee monitoring all such use of power.
But this latest act of the governor implies that the state is suffering a massive manmade or natural disaster, thus justifying martial law.
Last March, Frank Urbanic exposed the governor's abuse of the state Insurrection and Riot act. Urbanic said then, that Stitt was claiming that Oklahoma is in a state of widespread riot and limits on freedom of assembly are justified. Within days of Urbanic's late March publication, Stitt properly declared a State Health Emergency. The difference is that the latter requires an active legislative role of oversight. The legislature was called into special session and they gave Stitt a 30 day approval with their own oversight committee monitoring all such use of power.
But this latest act of the governor implies that the state is suffering a massive manmade or natural disaster, thus justifying martial law.
What is proper enforcement of Agency Rules?
But separate from those claims of riot and/or disaster, the governor never set a clear punishment for those proven to violate such rules. This emboldened the ABLE Commission to start revoking liquor licenses without a court procedure. The state has the burden of proving that a crime has occurred and that the law is properly established, and justly enforced. Agencies are not allowed to just make up punishments for those who they deem to be out of line. Especially when the rulemaking process is skipped, and no oversight of hastily made up rules is established.
Our Take..
Last April, Urbanic's action coerced the governor to properly call a Health Emergency and involve the legislature in the proper process. Stitt's April actions became a national model of conservative response. But Stitt also had some very abrasive interactions with the legislature. It may be that Stitt is trying to limit the role of the legislature? But Stitt may face a motion of impeachment if the legislature deems Stitt's actions to be an attack on the constitutional powers of the legislative process.
