Oklahoma County is not a "superior sovereign" to Oklahoma City, but it has "immunity from Oklahoma City’s zoning power... as it relates to the site of the new county jail" at 1901 E Grand Blvd., according to an official opinion released this week by Attorney General Gentner Drummond.

As a result, construction of the new jail will proceed as planned, starting with the establishment of a Mental and Behavioral Care Center largely funded by nearly $40 million from the American Rescue Plan Act (ARPA), said Brian Maughan, chairman of the Board of County Commissioners.

Maughan revealed the opinion during a special meeting of the county Budget Board on Monday. Just a week ago, commissioners had said that while mediation efforts with the city had broken down, endangering the $40 million, the county's lawsuit seeking "superior sovereignty" over the jail site would continue.

If the funds had not been committed by New Year’s Eve, they would have been returned to the U.S. Treasury. Commissioners had pledged to redistribute the funds in the final hours of the year to local governments and nonprofits previously benefiting from ARPA funds.

County Officials Pleased with the Opinion

"It's a leftover Christmas miracle for Oklahoma County. I appreciate Drummond moving swiftly," Maughan commented, although he remained cautious. "It's very exciting news. Hopefully, we’ll be able to preserve that $40 million for the mental health facility."

One final vote by the county commissioners to approve the use of the ARPA funds for construction is all that remains, with a special meeting set for Tuesday.

District Attorney Vicki Behenna, representing the county in court, could not be reached for comment before the publication deadline. A spokesperson for the city, represented by the municipal counselor's office, had no comment on the matter.

Disappointment from Activists

The People’s Council for Justice Reform, a nonprofit critical of jail operations and plans for the new facility, voiced its disappointment.

“We are extremely disappointed that county officials continually ignore the will of the people, even going to the AG to circumvent a proper courtroom hearing concerning the jail location," said Mark Faulk of the organization. "As always, we maintain that mental health facilities should not be connected to a jail and should instead be implemented as a preventative measure instead of continuing to criminalize mental illness, addiction, and poverty.”

The dispute over the 60-acre site has been ongoing in the courts since June, when the commissioners sued Oklahoma City after the city council denied a zoning change request to allow construction of the jail and health center. A pretrial conference is scheduled for Jan. 23.

AG Criticizes OKC Council's Actions

Attorney General Drummond criticized the Oklahoma City Council for "effectively ignoring" his advisory letter issued on Dec. 12, which indicated the county was likely to win its lawsuit. Given the urgency of the matter, Drummond issued his formal opinion.

"Oklahoma County demonstrated good faith seeking to work with the Oklahoma City (Council) by participating in the permitting and zoning process," Drummond wrote in his opinion. "In contrast, the City Council responded to the County’s efforts dismissively."

He continued, criticizing the council for dismissing recommendations from its Planning Department and Commission, which had supported the permit, and for halting negotiations after a failed mediation. "Though the City Council may believe that it asserts valid, pressing concerns, its action — more appropriately, inaction — smacks of the bad-faith politics of obstruction and obstinance."

Legal Factors Favor Oklahoma County, AG States

Drummond cited an Oklahoma Supreme Court decision from 1986, saying the district court must consider factors such as land use, public interest, and the effect of local regulation on the proposed project. He concluded that the legal balance tipped in favor of the county.

“Oklahoma County and Oklahoma City are merely one hierarchical step apart. And Oklahoma County encompasses most of Oklahoma City. But this factor is not determinative,” Drummond explained. “The function or land use involved will be forced detention. In this matter, the Oklahoma City Planning Department and Commission both recommended approval of the special use permit. Yet, the City Council voted to deny the permit.”

Drummond also emphasized the public benefit of constructing the new detention center, pointing out that voters approved the facility, which will provide safer conditions for inmates, employees, and visitors. He added that ongoing lawsuits and safety issues associated with the current jail would be alleviated by the new facility.

The AG also noted that the proposed site is zoned for heavy industry and that Oklahoma County had chosen a location away from sensitive institutions like schools, daycares, and houses of worship.

“Essentially, there will be concerns or objections raised — founded or unfounded — no matter where Oklahoma County chooses to build the new detention center. To allow concerns and objections to control the conversation would equate to an endless cycle of inaction between Oklahoma City and Oklahoma County,” Drummond stated.

Concerns about Location's Proximity to Sensitive Areas

Concerns about the jail's proximity to Crooked Oak Schools (about one mile northwest), Reliant Living Center (half a mile south), and another facility in Del City (less than a mile east) have been raised by critics of the site.

The dispute over the jail location continues to be a contentious issue as both sides prepare for the upcoming pretrial conference in late January.

Richard Mize, a staff writer at The Oklahoman, covers Oklahoma County government and the city of Edmond. He can be reached at rmize@oklahoman.com.