J. Brotton Corp. v. Oklahoma Alcoholic Beverage Laws Enforcement Commission

KAUGER, Justice,

with whom OPALA, Chief Justice, and SIMMS, and DOOLIN, Justices, join, dissenting:

Although I might agree with the result reached by the majority opinion, I cannot concur in its legal definition of a “public school.” The majority assigns a meaning to “public schools” which contravenes the Oklahoma Constitution,1 the Oklahoma statutes,2 and Oklahoma case law.3

The majority opinion bases its determination that the term “public school” as used in 37 O.S.Supp. 1985 § 518.24 includes institutions for higher education on: 1) The ABLE Commission’s previously unchallenged rule which…