*1 power places the mak- Constitution rate is the of a establishment equalization of taxes responsibility for the and there- future, for the ing a rule of upon the by increase or abatement judicial, either not legislative, is an act fore ” * * * this Court. Equalization, of not kind. remedy from their sole and exclusive by approve, and Court this Requesting apрeal to this is that of ultimate decision promulgate, implication to necessary O.S.1971, provided by as Court engage that we compliance” asks “plan which states: recog- totally foreign to the in a function proceedings should “The before the Boards judiciary judicial power. The nized appeals usurpa- Equalization and therefrom shall in the acquiesce participate not or by by to it be the sole method which assessments powers entrusted tion corrected or equalizations or shall be this Court should Rather constitution. ” * * * keep taxes add- (emphasis within abated. zealous in its efforts recogniz- jurisdiction; ed) limits of its while easy always ing that these limits are I would adhere tо the fundamental doc- clearly appreciate and define because “separation powers” trine of and adhere by increasing political power exercised philosophy to the fundamental of our dem- government.
the other two branches of republic by limiting the order with- ocratic judicial authority confu- resрectfully proper It is submitted that bounds of powers government issuing is inevi- a writ of mandamus and refus- sion carefully ing approve plan compli- unless this abstains table Court the tendered exercising administrative functions ance. legislative depart- of the executive I am authorized to state
ments. joins in the ex- B. DOOLIN views JOHN pressed I am not unmindful fact that to of the opinion concurring part uniformity by way equali- achieve near dissenting part. zation of taxes between the various coun- goal ties a most difficult to achieve. recognize
Even the most uninformed would undertaking require
that such an input facts, figures,
voluminous
pertinent information which would lead to result, wit,
the desired to' equalization. facts, percen- figures
While various tiles have been recommended to-this Court al., Appellants, Lyle HENNESSEY et as a percentage mean on which to base equalization, recognizes that NO. DISTRICT INDEPENDENT SCHOOL we are without sufficient information to COUNTY, Okla- LINCOLN homa, al., Appellees. any percentile. establish recommend I et would also submit that for the same rea- No. 48751. son, we should not undertake to recom- Supreme Court Oklahoma. any permissible mend impermissible var- July 27, 1976. iation from an figure. established
The direct and obvious effect of the or-
der day entered this Court this will be
either to increase or to abate the amount
of ad upon valorem tax assessed indi- property
vidual owners Order
Supreme question, Court. Without beyond
result the contemplation of a proceeding.
mandamus
DOOLIN, Justice. This is an filed in action the district Pаrent As- Wellston Teacher (PTA) seeking sociation a writ of manda- require Independent mus to District School County Lincoln No. School *3 (Board) facili- to allow PTA use of school meetings. ties for its The trial de- appeals nied the writ. this court PTA claiming arbitrary, action is dis- Board criminatory guaran- denial of teed of the Constitution United in that Board Statеs Oklahoma has certain other access meetings the ex- building for their for PTA no basis clusion of with rational distinction. such re- agree with PTA and therefore We trial to the verse and remand this cause to issue the writ as court with directions requested. uniformly permitted outside has
Board Club, Young Lions such as Club, Organization, Booster Homemakers’ Club, Boy Scouts, Lovers’ Bible 4H Agriculture Teach- League and Vocational by 70 building as authorized use the ers to provides: 5-130 which O.S.1971§ any school “The board of education regulations and may, such under district any open prescribe, may ms as it condit any use of permit the building school for re- such district property belonging to cultural, scien- literary, political, ligious, pur- agricultural tific, mechanical general purposes poses, and other reason- amake public interest and use of the charge the cost to cover able property.” building and such organizations has been The use these superintendent permission been requests have necessarily approval. PTA to Board for submitted rеquesting several times Board applied building and permitted use of the it be James, Stroud, Richard appellants. for denied. application was time each organiza- any other French, French, no Larry L. Edwards & Seminole, appellees. for has been refused. tion At request some time after first legitimate PTA’s why reason PTA should be for- denied, adopted Board for use rules bidden use of the building, or that PTA is property by
school supportive system. of the school These general plati- addition to Superintendent oí Schools he had testified tudes, contained following provisions: personal no knowledge any past action
of PTA that considered a viola- tion regulations. of Boаrd’s The Wellston School Board will not tol- erate nor continue with any affiliation statement in the minutes of organization that it determines to be dis- PTA of facil- school ruptive unsupportive to or ities would not be in best interests of com- any part system. board or munity unsupported by any evidence. To contrary, was shown that The Wellston School Board of Educa- past sponsored admittedly many PTA has tion right reserves the legal under state worthwhile community activities for the to, any time, law at discontinue af- *4 superintendent children. The admitted the might filiation it any have guidelines objectives and of PTA are all organization and refuse the use school request worthwhile. He indicated PTA’s property possibly when it should deter- was refused because a vote the teachers mine such actions are warranted. Or- a showed of them were inter- not ganizations organizations as whole or becoming ested in PTA members of PTA. carry that allow their members on in is supported by chartered and both the attempts a fashion that to exercise school and state Associa- national Parent-Teacher authority board or administrative or in- organiza- nothing There is in either tion. authority, terfere with that exploit school n childrenfor guidelines requiring tion’s rules or teachers personal gain, per- in deal recognized. to be members order to be sonalities, or engage frequent criti- agаinst cisms system the school and the proban- reasoning Board’s is circulus in personnel school particular, not will be da-, comparable other PTA is not tolerated property and the use school organizations, because the does organizations by such will discon- be it, officially recognize it is not com- since tinued, the board will schоol with- parable organizations. to other 70 O.S.1971 draw its approval of affiliation with such certainly omit not intended to 5-130 § ******” (Em- objectives PTA from list phasis supplied). successfully purposes it be cannot argued comparable PTA not to the ac- provided Board further a form to be ceptable organizations. completed by an organization requesting use of building, the stating organiza- grounds The other for reversal tion will by abide the rules for use of regu are constitutional. Board’s rules and property. Although school agreement imple lations as and their set forth above was never Board, submitted to PTA mentation violate first and fourteenth always PTA has ready been willing amendments to the Cоnstitution it, sign admittedly was not turned abridgment an free United States as down any Board because of refusal to pro speech, equal and a denial of dom of agreement. execute the and further are a violation tection A Oklahoma Art. 22. Constitution of Board’s refusal to allow PTA to use its body governmental regulation by a building for following fails reasons: permits as which a a school board First, there is no any expres body to-determine what official Board’s stated constitutional or oth allows permitted or sions or views will be erwise, have been violated. The record is in invidious discrimi engage the board to absolutely void of any testimony as to among use of statute groups by nation a аby discretionary powers policy constitutional as to who will granting be al- cannot lowed enforcement access to its system of selective Its facilities. classifi- may re body cations must be A reasonable. stand.1 governmental Discretion of because expressive body administrative strict must not be used in not, must a message. expression discriminatory Free matter. Administrative abridged or be action must guise regulation, a a have reasonable or rational instrumentality state basis if it as stigma denied.2 Board to avoid the of arbi- simply speech because may not trariness.7 All governmental restrict bodies must group abh by any remain expressed finds it views within bounds of the Constitution.8 orrent.3 A may schоol board withhold denial of use of board’s altogether political be party school facilities to non-scholastic may make reason policies agree with cause did not able classifications in determining availa an in organization has been held bility.9 The state control the use prior Prior restraints valid restraint.4 made premises of its but not re without attack order withstand gard to the equal pro Constitution.10 The suppress as to narrowly drafted so must be tection precludes clause a school from only presents a clear and speech censoring expressions because it does not resulting in serious sub present danger of like its message, content or аnd it requires regulations do not Board’s stantial evil.5 authority similarly to deal with sit invalid be and are withstand such attack uated in an even handed *5 constitutionally permis they cause exceed manner. privilege using of speech.6 of sible on freedom limitations should be available on a reasonable basis. 70 is no doubt O.S.1971 § A duty state is under no to make discretionary gives absolute 5-130 school buildings public available for gath open a or not authority as to whether to erings and a school board not prevented meetings and activities building barring from purposes. its use for unlawful only abso of But where a school district allows a num is wheth however lute discretion exercised ber of to use facilities fоr organiza open building to outside er purposes, non-academic a board must not this discretion open it. tions or not to Once unconstitutionally against any discriminate has the decision has been exercised comparable applicant deciding who will property for permit use of been made to who will not be use.11 purрoses, then any of the enumerated discriminatory and un- adopt must REVERSED. Louisiana, 536, Stacy Williams, F.Supp. (N.D. v. 85
1. Cox
v.
379 U.S.
State
6.
963
306
453,
(1965).
Miss.1969).
L.Ed.2d 471
S.Ct.
13
Udall,
F.Supp. 464
v.
7.
277
104,
Grayned
City
Rockford,
Atewooftakewa
v.
408
2.
U.S.
(W.D.Okl.1967).
(1972).
2294,
222
L.Ed.2d
92 S.Ct.
33
Committee,
Special
Winters v.
Governor’s
8.
Joyner Whiting,
(4th
v.
3.
456
477 F.2d
Cir.
(Okl.1967).
IRWIN, J., in results. concurs governmental responsibility to insure LAVENDER, necеssary A DAVISON, JJ., order. restriction in concur relation, designed promote specially. all, convenience in the interest of spe- LAVENDER, (concurring susceptible and not to abuses of discrimi- cially) : natory application, cannot disregarded majority opinion found no attempted exercise some civil as a showing appellants, in thе record right which, circumstances, other PTA, if al- the board’s would violate would be protection. entitled (Em- In addi- lowed of the school facilities. phasis added.) tion, present board opinion found the Grayned, supra, sets out the constitution- agree. I I rules be unconstitutional. principle al Expression.” “Free It then concur in that result. ordinanсe, held an light anti-noise “in empha- special This concurrence would these principles,” not to be an un- control of size the board’s constitutional regulation around a school. non-scholas- the use of school press violation of freedom of the regulations tic “under Joyner found in (4th Cir.), supra. There 5-130, prescribe.” as it conditiоns a predominantly black university’s supra. president support withdrew financial principles found Broad constitutional newspaper, official student which had opin- authorities of the cited segregationist policy. editorial as de- mistakenly taken ion should not be Denial of use of a school auditorium to structive all board control. аn unpopular political group was unconsti- Co-v, In of a civil supra, a conviction tutional in National Socialist White Peo- peace and leader for breach ple’s Party (4th Cir.), supra. This turned *6 public passages was held obstructing on the record not supporting a claimed unconstitutional as freedom abridging fear of damagе violence or property, al- speech assembly. ordinance The permission and that to use accept- was no city authorities parades, yet lowed no the ance There, of the users’ beliefs. permitted prohibited in their com- or them which had rented the facilities included the pletely After cit- uncontrolled discretion. party Republican par- Democratic and the cases, ing twelve of the United its States ty. Supreme Court said: The 1919 case of Schenck v. United “From clear these decisions certain States, supra, upheld a conviction under free, principles emerge. The Espionage the An Act. attack was made speech assembly, fundаmental while on the infringement act as an of free society, in our still do not democratic speech press. It was held constitution- everyone opinions mean that or be- with al. express may liefs group address at a any public place and at time. Regulation guest speakers on the cam- guarantee liberty constitutional im- pus of an higher learning institution of
plies
organized
the existence
anof
socie- was
in
(N.D.Miss.),
struck down
su-
Stacy
129,
N.Y.2d
272 N.Y.S.2d
219 N.E.2d
Virginia,
Inc.,
Civil Liberties
v.
Union of
; Buckley
(1966)
Meng,
172
College,
F.Supp.
(W.D.Va.
35 Misc.2d
Radford
(1962) ;
1970).
or to be an abuse discretion. 5-130, organizations, youth i. civic e. for the decedent had was denied failed to clubs, religious organizations, political or- provision daughter for a born make out ganizations, boosters, sports and education wedlock. or school of the school boosters. Use fa- Winters, supra, This confined type organization cilities for one or statutory investigative governor’s commit- classification, Scouts, Boy such as does not legal tee outer limits of authori- to the constitutionally require availability ty- facility type to a different class of supra, strike refused to Dunkel (D.Md.) organization, such as the Democratic or ground down statute on Republican party. constitutionally. applied construed between need for balance broad exclusion statute .principles statutory and the campuses acting are in a outsiders “who discretionary authority to allow or- disruptive disturbing to nor- manner ganizations under to use school facilities mal educational functions of institu- prescribed by regulations and conditions required prior re- hearing tion.” A the board. This balance and harmonious provided though moval the statute. through reasonable accommodation comes Community East As- determining Meadow Concerts the extent to classifications in (N.Y.), suрra, sociation struck down be available school facilities shall barring of the use of a school auditorium uses. for non-scholastic “highly singer, to a folk controversial” Ellis, reasonable supra, suggested As association, itself, Seeger. plaintiff right implicit in the classification is facility. had heretofore held concerts altogether. withhold program particular It was that was statutorily authorized Having allowed one barred. use, necessarily and con- the board is not open its fa- stitutionally required to American Civil Liberties Union Vir- statutorily authorized use. cilities all College (W.D.Va.), ginia, Inc. v. Radford *7 board, deny the argue To otherwise would supra, speaker campus contro- another make reason- regulations, by rules versy. discussing involving con- In cases non-scholastic as to able classifications college challenges stitutional to actions of users. peru- administrators, opinion says: “A to state recurring I am authorized sal clear a of these cases makes views herein in the concurs makes DAVISON theme once a students, expressed. faculty, available to