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.
What are emergency rules?
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.