All:
The Energy Elimination of Discrimination Act, 74 Okla. Stat. §12001, et seq., imposes a requirement that municipalities obtain a verification that company does not discriminate against energy companies. In a recent case, Keenan v. Russ, CV-2023-3021, Oklahoma County, the trial court granted a temporary restraining order prohibiting the State Treasurer from enforcing the Act. That order is now on appeal to the Oklahoma Supreme Court (#122241), and briefing will start at the end of this month.
Do you interpret the effect of the Order granting the TRO as effectively making the Act itself unenforceable such that cities no longer must obtain the contract verification? Or do you still obtain the verifications from contractors since the Order only barred the Treasurer from enforcing the Act and did not address the broader requirement in par. 4 that contractors agree not to discriminate against energy companies (in addition to not contracting with companies identified by the Treasurer).
Jonathan E. Miller
Director, Department of Law
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
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