IN THE DISTRICT COURT OF OKLAHOMA COUNTY

STATE OF OKLAHOMA

RNYC CORP. dba REDNECK YACHT )

CLUB, an Oklahoma Corporation, )
et al., )
Plaintiffs, )
)
vs. ) CASE NO. CF-2020-2518
)
KEVIN STITT, in his official capacity )
as Governor of the State of )
Oklahoma, et al., )
Defendants. )

ORDER

THIS MATTER came on for hearing on January 8, 2021, on the Petition for

Injunctive and Declaratory Relief. A Temporary Restraining Order was previously

entered on December 18, 2020. The Plaintiffs were present and with counsel,

Frank Urbanic. The Defendants appeared through counsel, Randall J. Yates,

Assistant Solicitor General.

The witnesses who testified on behalf of the Plaintiffs were Steve Brack,

owner of Western Nights; Michael Davis, owner of the Gold Spur bar; and James

Maxwell, owner of the Friendly Tavern. The witnesses who testified on behalf of

the Defendants were Dr. Lance Frye, MD, and the Commissioner of Health; John

Budd, Chief Operating Officer for the State of Oklahoma; and Dr. Julie Watson,

Chief Medical Officer for Integris Health.

The Plaintiffs gave their opening statement followed by an opening

statement from the Defendants. The Plaintiffs presented their case in chief and

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rested. Afterwards, the Defendants demurred to the evidence. The demur was

overruled. The Defendants then presented their case in chief and rested and the

parties gave their closing arguments.

FINDINGS OF FACT

1. In March 2020, the Governor established a Solution Task Force (the “Task
Force”) to address the impact of Covid-19 in the State of Oklahoma.

2. On November 16, 2020, based on recommendations from the Task Force,

the Governor issued his Seventh Amended Executive Order 2020-20, which
stated, inter alia, that beginning November 19, 2020, restaurants and bars
cannot sell, dispense, or serve food and beverages for on-premises consumption
after 11:00 p.m. The Executive Order was in effect for thirty (30) days.

3. On December 14, 2020, the Governor issued his Eighth Amended

Executive Order 2020-20, which stated, inter alia, restaurants and bars cannot
sell, dispense, or serve food and beverages for on-premises consumption after
11:00 p.m. The Executive Order is in effect for thirty (30) days.

4. The Governor has not issued any additional Executive Orders relating to
this matter. However, potentially additional Executive Orders may be issued
rendering the issues raised herein capable of repetition, yet evading judicial
review.

5. The Plaintiffs’ witnesses all testified to the devastating effect the Executive
Orders have had on their businesses.

6. The Defendants stipulated to the immediate financial harm of the

Plaintiffs.

7. Dr. Frye testified as follows:

A. The Task Force reviewed different mitigation efforts to slow the spread
of the novel corona virus (COVID-19) and decided that closing bars and
restaurants that served alcohol at 11:00 p.m. would have the greatest
impact on the spread of the disease with the least economic impact;

B. That alcohol led to riskier behavior such as being indoors, without

sufficient distancing, and not wearing masks;

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 C. The Task Force came to this conclusion by relying upon information
provided by Google Analytics, which is a service provided by Google
using data collected on infectious disease; that such data would provide
different scenarios on impact, mitigation, etc.;

D. The Task Force was unaware where Google collected the data, how it
was collected or by whom it was collected; and

E. That casinos, which operate 24 hours a day, were not factored into the
equation because they are governed by different sovereignties outside
the jurisdiction of the State of Oklahoma.

8. John Budd testified as follows:

A. That Google had massive amounts of data and used Artificial

Intelligence and it came up with three scenarios:

1. A mask mandate;
2. Closing bars and restaurants; and
3. Closing schools.

The mask mandate was not employed because Google said it would
have no impact.

B. The Task Force did not have the analytic data because it was owned by
and belonged to Google; and

C. There was no independent information from the Oklahoma Department

of Health that indicated the origin of COVID-19 in the State of
Oklahoma.

9. Dr. Watson testified as follows:

A. That COVID-19 was having a negative impact on all health care

services, which prevented the delivery of basic care to most patients;

B. The extreme stress on health care providers is causing an emergency

situation;

C. She was unaware where patients were becoming infected with COVID-
19; and

D. Between October and December 2020, the number of infections

increased.

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 CONCLUSIONS

The evidence relied upon by the Defendants, namely the data from Google

Analytics, lacks proper foundation or authentication, and is therefore,

inadmissible as a matter of law. See 12 O.S. §2901.

In the month between the closing of the bars on November 19, 2020, and

the issuance of the Temporary Restraining Order on December 18, 2020, the

cases of infection increased.

The Defendants provided no more evidence that the increase in COVID-19

infections was coming exclusively from bars open past 11:00 p.m., as compared

to casinos and/or all-night diners. All involve the same behavior: being indoors,

without sufficient distancing, and not wearing masks.

There has been little, if any, discovery in this case, and it is imperative

that the Court have additional credible evidence to determine what impact bars,

in comparison to other establishments that remain open after 11:00 p.m., have

on the spread of COVID-19, before determining whether permanent injunctive

relief is warranted in this matter.

IT IS THEREFORE ORDERED that the Temporary Restraining Order

remain in effect in order to allow discovery for a trial on merits in this matter.

IT IS FURTHER ORDERED that the Temporary Restraining Order is

hereby set for review on the 6th day of July, 2021, at 9:00am.

Done this 12th day of January, 2021.

____________________________
Susan C. Stallings
District Judge

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 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and forgoing

Order was mailed, on the same day in which it was filed with the Clerk of District

Court, to:

Frank Urbanic Randall J. Yates

The Urbanic Law Firm Office of the Attorney General
1211 N. Shartel Ave., Ste. 906 313 NE 21st Street
Oklahoma City, OK 73103 Oklahoma City, OK 73105

________________________
Bailiff