Reaction to state Supreme Court decision in Open Meeting Act lawsuit

The Oklahoma Supreme Court’s 5-3 decision to reverse the Open Meeting Act lawsuit ruling Wednesday drew disappointment and outrage from plaintiffs.

Tassie Katherine Hirschfeld, lead plaintiff in the OTA lawsuit, expressed her disappointment in the high court’s opinion, but hope in a state audit, which Oklahoma Attorney General Gentner Drummond requested in March.

“Obviously we are disappointed by this ruling but respect the decision of the court,” Hirschfeld said in a statement. “We remain committed to improving transparency in Oklahoma and believe we will have many more opportunities to hold the OTA accountable for its poor decisions.

“We look forward to the results of the investigative audit and the implementation of HB 2263, which includes additional legislative appointees to the OTA’s governing board.”

Amy Cerato, a plaintiff in a separate lawsuit against OTA brought by the resistance organization Pike Off OTA, sided with the dissenting justices.

“We are disappointed in the Supreme Court majority ruling today and concur with the dissenting opinion that notes that the ruling is “an infringement of the people’s right to legitimately challenge an Open Meeting Act violation,” Cerato said in a statement.

“We believe that the way in which the Oklahoma Turnpike Authority conducts business is willfully deceptive with zero transparency and accountability and we proved it in a district court, where discovery was allowed, depositions taken, and open record requests compelled. This full litigation opportunity of an Open Meeting Act violation could not have occurred in the Supreme Court arena.”

Rarchar Tortorello, Ward 5 City Council member and a plaintiff in the open meeting act lawsuit, called the decision “a setback for transparency in open government.”

“The Oklahoma Supreme Court’s opinion has failed our citizens with this ruling by invalidating the OMA’s intent in providing openness,” he told The Transcript. “Today’s announcement is a disappointment for transparency and accountability of our government.”

Tortorello added that residents must look to other avenues to fight OTA.

“This is just a setback,” he said. “It’s not the end of the fight. We’re still at the beginning of the war and if we all stick together and keep that at top of mind, we will prevail.”