Jim Curd Jr.

To the constituents of Ward 3 and citizens throughout Bartlesville, thank you for your patience as we continue to work through this very difficult issue of defining and regulating obscenity in Bartlesville. Here is some important but lengthy information and facts resulting from the April 3rd , 2023 City Council meeting. I’d ask you to consider this before you sign the petitions to recall myself, Dale Copeland or Loren Roszel.

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• On January 3rd , 2023, I voted, along with 3 other Councilors, to pursue drafting options for an ordinance which would seek to define and regulate obscenity in Bartlesville.

• On April 3rd, 2023, I voted, along with 2 other Councilors, for the one-year agreement with OKEQ that moved the legal drag performance element of the Pride Festival, indoors.

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First: Why was the “Agreement” made with OKEQ on April 3rd , 2023 and not an “ordinance” presented, as directed by the Bartlesville City Council, of the City Attorney, on Jan 3rd, 2023?

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• Our attorney was unable to locate outside legal support to help write an ordinance.

• The new Tennessee “adult-oriented performance” legislation enacted on March 2nd , 2023, was immediately blocked for constitutional concerns, by a conservative judge.

• The City had a written response provided by the Rutherford institute (noteworthy conservative law center) saying such an ordinance likely wouldn’t stand.

• With the date approaching in September for the Pride Festival at Tower Center, it was very apparent that we would not have an ordinance in place before the Pride Festival was scheduled.

• Hurriedly passing an ordinance at this time would likely have resulted in a lawsuit from OKEQ and a stay of the ordinance; meaning the drag show would have been allowed outdoors at Unity Square. This Agreement restricts the drag show to indoors or private property for one year.

• This would have been irresponsible and reckless on our part and a costly and damaging mistake for the City and the taxpayers.

• The Agreement explains in paragraph 6, that this agreement does not set any legal precedents for any future actions by the City or OKEQ.

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I believed having the event indoors, something that was important to many, was the best alternative to having the event outdoors as OKEQ is, under current Oklahoma law, legally permitted to do.

 

Second: The “Agreement” does not in any way replace the Councils Jan. 3rd , 2023, directive to our City Attorney for a drafting a legally defendable adult entertainment “ordinance”. Period.

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• A local ordinance or state statute is still an intended part of this process going forward.

• Forming the Agreement with OKEQ allowed for more time to write that defendable ordinance.

• As of our City Council meeting on April 3rd , 2023, there was too much happening on the state and national level with pending legislation seeking the same relief from these performances as Bartlesville was. It would have been negligent not to let these processes (All proposed bills have changed significantly since presented) continue forward before we acted.

• Over 14 states and 100’s of communities within those same states and beyond are waiting to see what relief can be legally obtained through this process.

• There are countless attorneys, constitutional authorities, lawmakers, and several attorneys general and governors that are willingly and rapidly bringing legislation forward concerning this issue at this time.

• If there is legal relief from these public performances, it will be found through this process. Ultimately, both sides will have a far better understanding of what is going to be legally permissible or not as this legislation plays out.

• Some believe charges should have been filed for alleged violations of state and local obscenity laws at the previous show, some do not, but going forward at this year’s event the Bartlesville Police have been better trained and instructed and will be accountable to make sure that our ordinances or laws are not violated at this next event.

• Speak to your state lawmakers, Julie Daniels, Judd Strom and John B. Kane, and ask them to provide legislation addressing this matter because it will help all the many communities struggling with this issue across the state, not just Bartlesville.

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My position is unchanged from my initial vote on January 3rd. I support a legal and defendable ordinance that would better define and regulate obscenity, especially for the protection of minors. I believe the recall effort is misguided and will cause far more harm than good to our community. I urge you to stand in support of the entire Council and work to defeat this recall.

 

Jim Curd

Ward 3, Vice Mayor