Date: 09-09-2022

Case Style:

Case Number: 5:21-cv-01022

Judge: Charles Goodwin

Court: United States District Court for the Western District of Oklahoma (Oklahoma County)

Plaintiff's Attorney: Megan E. Lambert, Amir A Shakoorian Tabrizi, Elahe Hosseini, Emerson Sykes, Gary Stein, Genevieve Bonadies Torres, Johanna F. Roberts, Leah Watson, Michael G. Cutini, Ramya A. Sundaram, Sara Solfanelli, Sarah A. Hinger

Defendant's Attorney: Andy N. Ferguson, Zachary P. West

Description: Oklahoma City, Oklahoma civil rights lawyers represented Plaintiffs suing the State of Oklahoma and others under 42 U.S.C. claiming Oklahoma House Bill 1775, which limits classroom instruction on race and gender, is unconstitutional.

The plaintiffs in this civil rights action are multiple organizations, teachers and students. The claim that HB 1775 unconstitutionally vague, overbroad and racially discriminatory, and has had a chilling effect on lesson plans and violates the Fist and 14th Amendments.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 24-157 of Title 70, unless there
is created a duplication in numbering, reads as follows:

A. 1. No enrolled student of an institution of higher
education within The Oklahoma State System of Higher Education shall
be required to engage in any form of mandatory gender or sexual
diversity training or counseling; provided, voluntary counseling
shall not be prohibited. Any orientation or requirement that
presents any form of race or sex stereotyping or a bias on the basis
of race or sex shall be prohibited.

2. Pursuant to the provisions of the Administrative Procedures
Act, the Oklahoma State Regents for Higher Education shall
promulgate rules, subject to approval by the Legislature, to
implement the provisions of this subsection.

B. The provisions of this subsection shall not prohibit the
teaching of concepts that align to the Oklahoma Academic Standards.

1. No teacher, administrator or other employee of a school
district, charter school or virtual charter school shall require or
make part of a course the following concepts:

a. one race or sex is inherently superior to another race
or sex,

b. an individual, by virtue of his or her race or sex, is
inherently racist, sexist or oppressive, whether
consciously or unconsciously,

c. an individual should be discriminated against or
receive adverse treatment solely or partly because of
his or her race or sex,

d. members of one race or sex cannot and should not
attempt to treat others without respect to race or
sex,

e. an individual’s moral character is necessarily
determined by his or her race or sex,

f. an individual, by virtue of his or her race or sex,
bears responsibility for actions committed in the past
by other members of the same race or sex,

g. any individual should feel discomfort, guilt, anguish
or any other form of psychological distress on account
of his or her race or sex, or

h. meritocracy or traits such as a hard work ethic are
racist or sexist or were created by members of a
particular race to oppress members of another race.

2. The State Board of Education shall promulgate rules, subject
to approval by the Legislature, to implement the provisions of this
subsection.

SECTION 2. This act shall become effective July 1, 2021.

SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.

The Oklahoma Department of Education downgraded the accreditation status of the Tulsa Public Schools and Mustang Public Schools due to alleged violations of the statute.

The bill basically bans teaching that one race or gender is inherently superior. It also prohibits causing a student to feel guilty or uncomfortable because of their race or gender, as well as teaching that anyone is inherently racist, sexist or oppressive, whether consciously or otherwise.

According the an article in the Tulsa World: " several school districts have removed multiple books by women and minority authors from their curriculum for fear of running afoul of HB 1775. Those books include Harper Lee’s “To Kill a Mockingbird,” Maya Angelou’s “I Know Why the Caged Bird Sings” and Lorraine Hansberry’s “A Raisin in the Sun.”" and ""school districts have told teachers to avoid certain discussion topics and phrases, including “white privilege” and “diversity,” in their classes in order to comply with the new law."

Outcome: 09/01/2022 85 MOTION for Extension of Time to File Response/Reply as to 83 Supplement by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington. (West, Zachary) (Entered: 09/01/2022)
09/01/2022 86 ORDER granting 85 MOTION for Extension of Time to File Response/Reply as to 83 Supplement . Defendants 1-18 may file their response on or before September 7, 2022. Signed by Judge Charles Goodwin on 09/01/2022. (jb) (Entered: 09/01/2022)
09/06/2022 87 MOTION for Leave to Appear Pro Hac Vice for Taylor Dumpson Filing fee $ 50, receipt number AOKWDC-3985813 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Dumpson PHV)(Lambert, Megan) (Entered: 09/06/2022)
09/07/2022 88 MOTION to Seal Exhibit by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington. (West, Zachary) (Entered: 09/07/2022)
09/07/2022 89 ORDER granting 88 Motion to Seal. Signed by Judge Charles Goodwin on 09/07/2022. (jb) (Entered: 09/07/2022)
09/07/2022 90 RESPONSE re 83 Supplement filed by Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington. (Attachments: # 1 Mustange Privilege Walk)(West, Zachary) (Entered: 09/07/2022)

09/07/2022 91 SEALED EXHIBIT by Defendants Brian Bobek, Carlisha Bradley, Dennis Casey, William Flanagan, Jay Helm, Estela Hernandez, Jeffrey Hickman, Joy Hofmeister, Ann Holloway, Jennifer Monies, John OConnor, Joseph Parker, Jr, Jack Sherry, Trent Smith, Kevin Stitt, Steven Taylor, Michael Turpen, Courtney Warmington Re: 83 Supplement (West, Zachary) (Entered: 09/07/2022)

09/08/2022 92 ORDER granting 87 Motion to Appear Pro Hac Vice. On or before September 21, 2022, Attorney Taylor Alexis Dumpson shall electronically file an entry of appearance on the form prescribed by the Clerk of Court. Signed by Judge Charles Goodwin on 09/08/2022. (jb) (Entered: 09/08/2022)

Plaintiff's Experts:

Defendant's Experts:

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