Norman Residents

[CoronaBorealis]

Below is an email I sent to my City councilman regarding the order from Norman's mayor that certain businesses must close until further notice.

I am disturbed by this order and find it potentially illegal. If you have concerns as well, I encourage you to contact your Councilmember.

----------------
Councilman Scanlon,


If you’ll indulge me for a few minutes, tonight I read on the City’s website of Mayor Clark’s intention to implement amended restrictions on activities here in Norman effective this Wednesday at 8pm. From the City’s announcement, “The enhanced regulations were created in accordance with Mayor Clark’s Proclamation of Local Emergency, which was authorized within Section 2-109 of the City Code, in addition to constituting an emergency under the Emergency management Act of 2003 (63 Okla. Stat 683.3)”.

The amended restrictions include:

• A prohibition on dine-in services for restaurants, with no restrictions on drive-through, drive-in, takeout or delivery; and
• The closure of bars, lounges, taverns, private clubs, gyms, health studios, theaters and commercial amusement facilities.

I actually took the time to look up Section 2-109 of the City code (https://library.municode.com/ok/nor...inances?nodeId=COOR_CH2AD_ARTICICO_S2-109DUMA) and it is titled “Duties of the Mayor”. It simply says “Subject to the final approval of the Council, the Mayor shall appoint individuals to all appointive boards and commissions as vacancies occur”. Section 2-109 does not provide for any authority to declare a local emergency, at least in the source that I provided. Section 2-111 however is titled “Powers of the Mayor: Civil Emergency” and does provide authority for the proclamation of a civil emergency. Among other things, this section allows the Mayor to restrict a designated number of people from assembling “on the streets, parks or other open areas of the City, whether public or private.”

Having said all of this, I have two questions:

1) Why does the City’s announcement say that the “Proclamation of Local Emergency” is authorized under Section 2-109 (Duties of the Mayor) instead of 2-111 (Powers of the Mayor: Civil Emergency)?

2) Where does the Mayor draw the authority to order private businesses (bars, gyms, theaters, etc) to close? Section 2-111(b) provides a list of restrictions the Mayor may impose, including the sale of alcohol, use of certain public roads, and the manufacturing and transportation of incendiary devices, but nowhere does it specifically provide authority to close a private business. Although you could possibly say the Mayor has the authority to restrict private businesses to a specific number of patrons under 2-111(b)(1), I don’t see anywhere that she has the authority to order them completely shuddered.

 

[Shadowrider]

They don't care. They have that emergency and if things go badly they'll look bad. Can't be having that. They'll do what they think is best. After the tornadoes in Moore they weren't letting people into their own property. Let that one sink in...

 

[Okie4570]

Below is an email I sent to my City councilman regarding the order from Norman's mayor that certain businesses must close until further notice.

I am disturbed by this order and find it potentially illegal. If you have concerns as well, I encourage you to contact your Councilmember.

----------------
Councilman Scanlon,


If you’ll indulge me for a few minutes, tonight I read on the City’s website of Mayor Clark’s intention to implement amended restrictions on activities here in Norman effective this Wednesday at 8pm. From the City’s announcement, “The enhanced regulations were created in accordance with Mayor Clark’s Proclamation of Local Emergency, which was authorized within Section 2-109 of the City Code, in addition to constituting an emergency under the Emergency management Act of 2003 (63 Okla. Stat 683.3)”.

The amended restrictions include:

• A prohibition on dine-in services for restaurants, with no restrictions on drive-through, drive-in, takeout or delivery; and
• The closure of bars, lounges, taverns, private clubs, gyms, health studios, theaters and commercial amusement facilities.

I actually took the time to look up Section 2-109 of the City code (https://library.municode.com/ok/nor...inances?nodeId=COOR_CH2AD_ARTICICO_S2-109DUMA) and it is titled “Duties of the Mayor”. It simply says “Subject to the final approval of the Council, the Mayor shall appoint individuals to all appointive boards and commissions as vacancies occur”. Section 2-109 does not provide for any authority to declare a local emergency, at least in the source that I provided. Section 2-111 however is titled “Powers of the Mayor: Civil Emergency” and does provide authority for the proclamation of a civil emergency. Among other things, this section allows the Mayor to restrict a designated number of people from assembling “on the streets, parks or other open areas of the City, whether public or private.”

Having said all of this, I have two questions:

1) Why does the City’s announcement say that the “Proclamation of Local Emergency” is authorized under Section 2-109 (Duties of the Mayor) instead of 2-111 (Powers of the Mayor: Civil Emergency)?

2) Where does the Mayor draw the authority to order private businesses (bars, gyms, theaters, etc) to close? Section 2-111(b) provides a list of restrictions the Mayor may impose, including the sale of alcohol, use of certain public roads, and the manufacturing and transportation of incendiary devices, but nowhere does it specifically provide authority to close a private business. Although you could possibly say the Mayor has the authority to restrict private businesses to a specific number of patrons under 2-111(b)(1), I don’t see anywhere that she has the authority to order them completely shuddered.

They'll get back with you in about 14 days probably.

 

[Pstmstr]

Norman city management is about as ineffective as any on the planet. Don’t believe me, go watch the parking enforcement guy park his city vehicle in front of his nutrition store on N Porter for 2-3 hours every morning while he runs it. When I reported it I was told he is the most efficient worker they have and can take his lunch wherever he wants.

It’s hard to tell if they are incompetent or belligerent but bottom line is they don’t care. Their management of the shelter is another prime example but at least my complaining to news media got them to open on Saturdays so people can actually adopt animals.

I’m sure their emergency plan for outbreaks like this was written by some emergency manager who’s main duty is too see how much food he can stuff in his face at one time. It was painful when I used to attend their meetings. Suggesting a common sense proposal will fall on deaf ears. They know everything already.


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[Okie4570]

They don't care. They have that emergency and if things go badly they'll look bad. Can't be having that. They'll do what they think is best. After the tornadoes in Moore they weren't letting people into their own property. Let that one sink in...

That's standard after an event like that for the safety of the homeowners, EMS, LEO and S&R. That has nothing to do with the mayor. You may see him on TV after the event talking about it, but LEO will be keeping people out as soon as they arrive on scene so Fire/EMS and S&R can do their jobs.

 

[Pstmstr]

That's standard after an event like that for the safety of the homeowners, EMS, LEO and S&R. That has nothing to do with the mayor. You may see him on TV after the event talking about it, but LEO will be keeping people out as soon as they arrive on scene so Fire/EMS and S&R can do their jobs.

In Moore they kept the streets closed to residents for days after the event. They wouldn’t even let Red Cross in for 3. When they did open it’s like they let anyone and everyone in all at once.


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[Shadowrider]

That's standard after an event like that for the safety of the homeowners, EMS, LEO and S&R. That has nothing to do with the mayor. You may see him on TV after the event talking about it, but LEO will be keeping people out as soon as they arrive on scene so Fire/EMS and S&R can do their jobs.

Oh believe me, I know what the "standard" is. But they took it to completely new levels as pstmstr alluded to. I'm the absolute LAST person you would expect to have to use epic level effort to maintain composure enough to not get out of my truck and attempt to stomp the living **** out of an OHP Trooper. But that happened. Luckily for me I was successful in that.

 

[donner]

Restaurants and bars are subject to licensing. Orders to close for public health likely fall under that agreement.

 

[CoronaBorealis]

What about gyms and movie theaters?

 

[SoonerP226]

It was painful when I used to attend their meetings.

I attended some meetings back in '01 about a proposed project in East Norman.

I have never, as an adult, wanted to belt someone in the mouth as much as I wanted to bust the city attorney at those meetings. I know his job is to look out for the city's interests, but the city's interests should never run counter to the citizens' interests.

As a matter of fact, it still makes me mad almost 20 years later, and it takes a LOT to make me that mad.