Oklahoma Alcoholic Beverage Control Board v. Seely

At stake here is Mrs. Seely’s claim to a renewal of her retail liquor license. The court’s opinion affirms the district court decision in her favor. While I join in the court’s judgment, I cannot concur in its pronouncement.

The Oklahoma Alcoholic Beverage Control Board (agency) found Mrs. Seely legally ineligible to hold a license because of her husband’s felony conviction.1 The agency ruling plainly rests on the express terms of 37 O.S.1971 § 527(a)(3). The cited statute provides that a liquor license may not issue to, or be held by, one whose “spouse . . . has been convicted of a felony.” 2…