Case 5:16-cv-00352-HE Document 29 Filed 10/03/16 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF OKLAHOMA
(1) CALVIN MCCRAW,
(2) G. WAYNE MARSHALL,
(3) MARK FAULK,
(4) TRISTA WILSON,
(5) NEAL SCHINDLER,
(6) OKLAHOMA LIBERTARIAN
PARTY,
(7) RED DIRT REPORT,
Plaintiffs,
vs.
(1) CITY OF OKLAHOMA CITY, an
Oklahoma municipal corporation,
(2) WILLIAM CITTY, in his official
capacity as CHIEF OF THE
OKLAHOMA CITY POLICE
DEPARTMENT,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-16-352-HE

PLAINTIFFS MOTION FOR SUMMARY JUDGMENT

COME NOW, all Plaintiffs herein, by and through their undersigned counsel,
and move this Honorable Court to grant Plaintiffs summary judgment on their claims
herein and order injunctive relief against Defendants. In support of said Motion,
Plaintiffs state the following:
1. Rule 56 of the Federal Rules of Civil Procedure mandates that a court shall
grant summary judgment if the movant shows that there is no genuine dispute

Case 5:16-cv-00352-HE Document 29 Filed 10/03/16 Page 2 of 4

as to any material fact and the movant is entitled to judgment as a matter of

law. Fed. R. Civ. P. 56.
2. As set out in Plaintiffs accompanying Brief in Support of Plaintiffs Motion for
Summary Judgment, Plaintiffs facial challenges to the City of Oklahoma
Citys anti-panhandling Ordinance at issue herein are ripe for summary
judgment as no material or dispositive facts necessary for their resolution are in
genuine dispute.
3. As also set out in Plaintiffs accompanying Brief in Support of Plaintiffs
Motion for Summary Judgment, Plaintiffs facial challenges to the City of
Oklahoma Citys anti-panhandling Ordinance succeeds as a matter of law,
based on clear and unambiguous authority from the United States Constitution,
the United States Supreme Court, and multiple federal circuit and district courts
including the Tenth Circuit and the Western District of Oklahoma.
4. This Motion and its accompanying Brief seek relief based only on Plaintiffs
facial challenges, assuming for the sake of argument though not conceding that
the anti-panhandling Ordinance at issue is content neutral.
5. Should this Motion be granted and the City of Oklahomas enforcement of the
Ordinance at issue be enjoined, Plaintiffs remaining claims based on content
and viewpoint discrimination, due process, and equal protection will be
rendered moot, and so are not discussed further at this time in this Motion or
Plaintiffs accompanying Brief. However, Plaintiffs neither concede nor waive
said arguments.

Case 5:16-cv-00352-HE Document 29 Filed 10/03/16 Page 3 of 4

6. Plaintiffs statements of facts, accompanying affidavits and exhibits, and

analysis thereof are all included in Plaintiffs Brief in Support of Plaintiffs
Motion for Summary Judgment, filed herein this date. This Brief and its
attachments are hereby incorporated by reference.
WHEREFORE, premises considered, Plaintiffs pray that this Honorable Court
grant summary judgment to Plaintiffs and enter an order permanently enjoining
Defendants from enforcing the unconstitutional Oklahoma City Ordinance at issue
herein.

Respectfully submitted,
____s/ Brady Henderson________
Brady R. Henderson, OBA#21212
ACLU of Oklahoma Foundation
3000 Paseo Drive, Oklahoma City, OK 73103
(405) 525-3831, (405) 524-2296 (fax)
bhenderson@acluok.org
Attorney for all Plaintiffs
____s/ Ryan Kiesel_______________
Ryan Kiesel, OBA#21254
ACLU of Oklahoma Foundation
3000 Paseo Drive, Oklahoma City, OK 73103
(405) 525-3831, (405) 524-2296 (fax)
rkiesel@acluok.org
Attorney for all Plaintiffs
____s/ Joseph Thai_______________
Joseph Thai, OBA#19377
P.O. Box 6197
Norman, OK 73070
(405) 204-9579

Case 5:16-cv-00352-HE Document 29 Filed 10/03/16 Page 4 of 4

thai@post.harvard.edu
Attorney for all Plaintiffs
____s/ Greg Beben_______________
Greg P. Beben, OBA#22487
Legal Aid Services of Oklahoma, Inc.
2901 North Classen Blvd., Suite 112
Oklahoma City, OK 73106
(405) 488-6821, (405) 261-8839
Gregory.beben@laok.org
Attorney for Plaintiffs McCraw and Marshall

Certificate of Electronic Service

This is to certify that on the day of filing, the above and foregoing was electronically
transmitted through the Courts ECF filing system to all counsel who have entered an
appearance in the above-styled case and registered to receive ECF notification via
electronic mail.

____s/ Brady Henderson________

Brady R. Henderson, OBA#21212