Nonprofit sues Ryan Walters, library board, alleging open records and open meetings violations
An Oklahoma nonprofit already involved in multiple lawsuits against state schools Superintendent Ryan Walters has added another, alleging violations of open meeting and public records laws by Walters and the agency he leads, the Oklahoma State Department of Education.
The lawsuit, filed Tuesday in Oklahoma County District Court by the Tulsa-based Oklahoma Appleseed Center for Law and Justice, alleges violations of the Open Meeting Act related to the creation and operation of the Library Media Advisory Committee, a public body tasked with reviewing school library materials.
The lawsuit also contends the state agency has failed to comply with the Open Records Act by withholding requested public documents regarding the formation, membership selection and activities of the library committee.
The case has been assigned to District Judge Anthony Bonner. No hearing dates have been set.
During a meeting of the Oklahoma State Board of Education in January 2024, Walters disclosed the formation of the committee, a panel he said would include Chaya Raichik, the woman behind the conservative 'Libs of TikTok' social media account. Raichik also is named as a defendant in the lawsuit. She and Walters often trade congratulatory social media posts, and a video of her praising Walters for the library committee's formation was shown during that state board meeting.
Also named as defendants were the state education board, that board's current members and former member Kendra Wesson, and the library committee.
"This lawsuit is nothing more than a politically motivated attack by a radical, Soros-funded organization determined to obstruct the work being done in Oklahoma," Walters said. "These extremists are using the legal system to harass and obstruct progress in an effort to push their radical agenda. OSDE will not be bullied by extremist organizations trying to weaponize the courts and remains committed to transparency and compliance with all legal requirements."
Walters' claim about Oklahoma Appleseed being funded by liberal billionaire George Soros is false.
Walters is, or has been, a defendant in at least 20 state and federal lawsuits filed since he took office in January 2023.
Despite multiple open records requests from multiple media outlets, Walters and the state agency have steadfastly declined to identify any other members of the library committee, which appears to be a public committee, given its work for a state agency. The state Education Department has said the committee is a volunteer advisory board appointed by Walters and is made up of parents, current or retired librarians, and English literature teachers.
Oklahoma Appleseed says despite repeated requests, the agency has not provided information on how library committee members — specifically Raichik — were appointed and how the committee conducts its business.
The lawsuit claims the state agency and the library committee have violated the Open Meeting Act by failing to hold public meetings, post agendas or conduct public votes. Although the committee was publicly announced as a government advisory body, it has never met in compliance with the law, effectively operating in secrecy, according to the lawsuit.
Oklahoma Appleseed also said it has yet to have a June 28 open records request, seeking information about the library committee, filled by the state Education Department.
Open records provided to The Oklahoman last year gave a glimpse into how the committee was formed and some of its work, but did not include its membership list, which has been requested multiple times by the newspaper.
The committee has not been mentioned publicly by Walters since an Oklahoma Supreme Court decision effectively voided a handful of the agency's administrative rules — pushed by Walters and approved by the state Board of Education ― including one giving the agency the authority to determine what books could be in the libraries of individual school districts. That decision stemmed from a lawsuit originally filed by Edmond Public Schools.
The court ruled that to be a decision reserved to local school boards, not any state agency or board.
Oklahoma Appleseed seeks a court order compelling the Education Department to release all requested public records and requiring the library committee to comply with Open Meetings Act requirements. Brent Rowland, the legal director of Oklahoma Appleseed, said the lawsuit filed Tuesday was about government transparency and accountability.
'The public has a right to know who is making decisions affecting its public schools,' Rowland said. 'Oklahomans have a right to expect that their government will follow the law regarding open records and open meetings.
'In this instance, the state Department of Education has formed a Library Media Advisory Committee to make decisions about students' access to books when our state Supreme Court has determined those decisions should be made by local school boards. State officials cannot hide behind closed doors and avoid public accountability, and why would they want to?'
Oklahoma Appleseed is a party to at least two other lawsuits involving Walters, one in the Oklahoma Supreme Court regarding his Bible mandate and one that's been appealed to the same court. That case was filed by a Moore Public Schools student seeking to change their pronouns in school records.
(This story was updated to add new information.)
This article originally appeared on Oklahoman: Nonprofit sues Ryan Walters over open records, Libs of TikTok hire
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