Casey's Corner: State Questions Merit Examination: Clip Resized 44%

Guymon Daily Herald
Oct
08
2016
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Caseys Corner: State questions

merit examination
With just a little more than
a month to go before voters are
asked to decide multiple state
questions, Id like to offer a brief
description of each questions that
will be on the Nov. 8 state ballot.
State Question 776 seeks
to add a new section to the
Oklahoma Constitution relating
to the death penalty. The measure would allow the Legislature
to designate any method of execution permitted by the U.S.
Constitution, and would allow
a change of method in order
to carry out a death sentence
should one method be determined invalid. The measure
clarifies that the death penalty
is not cruel or unusual punishment.
State Question 777 also
would add a new section to the
Oklahoma Constitution guaranteeing the right of our residents
to engage in farming and ranching practices and the right to
use agricultural technology and
livestock procedures. It limits
lawmakers ability to interfere
with these rights by passing new
laws except when compelling
state interest is clearly identified. The protections do not apply
to trespass, eminent domain,
easements, right of way or other
property rights, and any state
MURDOCK
statutes and political subdivision ordinances enacted before
December 31, 2014.
State Question 779 would add
a new section to the Oklahoma
Constitution raising the state
sales and use taxes by one cent
per dollar to fund teacher pay
raises as well as other education
improvements for both common
and higher education.
State Question 780 would
amend Oklahoma law to reform
criminal sentences for certain
property and drug offenses mak-
ing certain offenses misdemeanors

instead of felonies.
create the County Community
Safety Investment Fund, taking money saved by reclassifying the above crimes as misdemeanors, therefore incarcerating
fewer individuals, and distributing the saved funds to counties
for rehabilitative, mental health
and substance abuse treatment
programs.
repeal a section of the state constitution, removing the prohibition
against the public expenditure
and property use for religious purposes, such as the display of the
Ten Commandments monument
on the state Capitol grounds.
change the Oklahoma Constitution
to allow the sale of wine and stronger beer in grocery stores and
would allow liquor stores to sell
products other than alcohol in
limited amounts.
I advise people to get a sample
of the ballot and read the state
questions before voting. See a
sample ballot here: https://www.
ok.gov/elections/ and select view
sample ballot on the left side of
the page.
Property of OPS News Tracker and members of the Oklahoma Press Association.
The Norman Transcript
A R O U N D T H E S TATE: N O V. 8 ELE C TIO N
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08
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Against SQ 777
Both sides in the debate
over State Question 777
the so-called Right to
Farm proposal have
been guilty of excesses in
their arguments.
The proponents have
suggested that only a state
constitutional measure
could shield cherished
rural values of decent
working farmers from
the meddling hands of
bureaucrats and lunatic
eco-extremists.
The opponents have
claimed that, were the
measure to pass, almost
any imaginable cruelty
up to and including
ramming a steel rod down
a puppys throat to debark it would become
legal and have the same
protection as free speech
in Oklahoma.
We dont think either
nightmare scenario is
likely, and chalk up the
exaggerated rhetoric to the
need to get voters excited
... and the desire to raise
money.
A rational review of SQ
777 comes to these conclusions: It solves no pressing
problem in the state, and it
could create some.
The measure would prevent future state and local
regulation on farming and
livestock activities unless
the state has a compelling
state interest, a very high
legal standard shared by
basic civil rights. Rules
that were on the books
before Dec. 31, 2014, and
regulations in several areas
trespassing laws, for
example are exempt.

It wouldnt wipe animal
cruelty laws o the books.
Neither would it eectively
protect the lifestyles of
grandpas farm. In fact,
the measure would give
enormous legal protections to big-time corporate agriculture, which
is a greater threat to the
iconic homestead than the
Legislature.
Agriculture remains
an amazingly powerful
interest group at the state
Capitol, and Exhibit A is
the legislative vote to put
SQ 777 on the ballot in the
rst place. Frankly, farmers
have little to fear from
state lawmakers messing
with their business.
And when thats not
true, shouldnt the people
through their elected
representatives, be able to
regulate an industry that
aects land, water and
food? You say the state
shouldnt regulate those
things. Why not?
The rst rule of constitutional amendments should
be: First, do no harm,
and in its potential for
unintended consequences
especially in the states
ability to protect its own
environment we fear
harm in SQ 777.
Farming is very important, but SQ 777 doesnt
solve any real Oklahoma
problems, and its potential
to create new problems
in the future makes it bad
policy.
Tulsa World
Stillwater NewsPress
Oct
08
2016
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Oklahoma
Watch-Out:
The farming
question
ahoma Watch
Oklahoma Watch will

old a public forum on
hursday, Oct. 27, on
he controversial State
uestion 777, which
ould amend the state
onstitution to include
n assertion of agriculural rights.
Oklahoma Watchut: The Farming
uestion will be from
p.m. to 7 p.m. at the
tillwater Community
enters Lowry Activity
enter, located at 315
W. 8th Ave. in Stillwar. Featured guests will
e Drew Edmondson,
rmer attorney general
nd chair of the Oklahoa Stewardship Council,
nd Tom Buchanan,
resident of Oklahoma
See Forum, Page A5

Oct 2016 Page

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tices harmful to people

or animals.
About the panelists
Jackson County
Continued from Page A1 farmer-rancher Tom
Buchanan was reelected
to his second two-year
Farm Bureau.
term as president of the
Oklahoma Watch
Executive Editor David Oklahoma Farm BuFritze will moderate the reau in November 2015.
discussion. Those inter- Buchanan previously
served on the Farm Buested in attending are
reaus board of directors
encouraged to register
for six years as a reponline and come with
resentative of District
questions.
2. During his tenure
Proponents have
as president, Buchancalled the proposal a
an also served on the
right to farm amendment that would protect American Farm Bureau
Federations board of
Oklahomas farmers
directors.
and ranchers from reA Farm Bureau
strictive laws pushed
member since the age of
by animal-rights and
16, Buchanan has been
other advocacy groups.
active on the Jackson
Opponents have called
County board for more
it a right to harm
than 20 years, repremeasure that would
insulate corporate agri- senting the county on
numerous state Farm
cultural interests from
legal challenges to prac- Bureau committees.
Forum
Buchanan runs a
cow-calf operation and
grows wheat and irrigated cotton on his
southwestern Oklahoma farm near Altus. He
also raises cattle in a
family partnership with
his brother and sister.
Buchanan serves as the
general manager of the
Lugert-Altus Irrigation
District and represents
irrigation water-use
interests on the Oklahoma Water Resources
Board.
Buchanan graduated
from the University of
Oklahoma with a bachelor of arts degree.
As a former state
attorney general and
district attorney, Drew
Edmondson has been
involved in high-profile,
complex criminal and
civil litigation in Oklahoma.
Prior to his four terms
as attorney general,
Edmondson was also
elected unopposed to
three consecutive terms
as Muskogee County
District Attorney. Edmondson is a graduate
of the University of
Tulsa College of Law
and Northeastern State
University. He is a
Navy veteran and had a
tour of duty in Vietnam.
Edmondson now
serves as chair of the
Oklahoma Stewardship
Council, a coalition of
family farmers, community leaders and concerned citizens opposing
State Question 777. He
has been a long-time
advocate for preserving
Oklahomas natural
resources and has represented the state in
efforts to protect the
states water and animals.
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Yukon Review
California chickens protected,

unborn humans not so much
By RAY DYER
El Reno Tribune
California has created a law

that makes it illegal for journalists or activists to secretly
record health-care providers. The legislation, signed
into law last week by Gov.
Jerry Brown, came after officials with Planned
Parenthood were secretly videoed by a pro-life organization explaining how the abortion giant makes money on
the side by selling body parts
from aborted babies.
Lawyers and lobbyists for
Planned Parenthood were
able to spin the video into an
indictment of the pro-lifers
and make them into the villains. The California attorney
general actually filed charges
against the pro-life proponents, but the case was
thrown out of court.
Apparently there are some
judges who still believe in the

First Amendment.
The California law will
probably be challenged in
court and hopefully will be
overturned. If it's not, there
goes another of our First
Amendment rights as guaranteed in our Constitution. It's
fine to protest as long as what
you are protesting is considered politically correct by the
powers-that-be.
While the left-wing zealots
are patting themselves on the
back for protecting Planned
Parenthood, how many people could die because some
money-hungry doctor or
health-care provider is
allowed to hand out opioids
unchecked because it's now
illegal for an investigative
reporter to video illegal drug
dealings?
Here's the real kicker to the
California crazy.
David VonTungeln provid-
ed this information. The El

Reno veterinarian is a proponent of State Question 777,
also known as the Right to
Farm. Oklahoma voters will
decide the issue Nov. 8.
VonTungeln points to what
happened in California when
environmentalists and animal
rights activists flexed their
persuasive political muscle.
The Humane Society of the
United States, HSUS, initiated
a voter proposition to require
a large increase in the minimum cage size for laying
hens.
"The voters passed the
proposition and the price of
eggs went through the roof,"
VonTungeln said.
The result, chickens got
more comfortable, but people
on fixed incomes were no
longer able to afford to buy
eggs.
It's called unintended consequences. It's what happens
when decisions are based

entirely on feelings.
"Consumer choice was
essentially mandated to what
the radical animal rights
activists defined as acceptable
and lower income consumers
were forced out of the market.
As it stands now, retailers
cannot purchase eggs from
out of state unless they meet
the California requirements.
"Guess you are out of eggs
if you are poor," is the way
VonTungeln summed it up.
So, in California, defenseless chickens are entitled to
expensive government protection while defenseless unborn
humans are on their own.
I hope Oklahomans vote
yes on SQ 777. The idea of
following California's lead on
anything these days is nauseating.
Is our culture sick?
The Ardmoreite
CHAMBER OF COMMERCE
Oct
09
2016
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State issues forum

slated for Ardmore
n Oct. 25 the
misdemeanor
Ardmore
crimes and
Chamber
State Quesof
Commerce,
tion
781
Ardmore Young
which was deProfessionals and
signed to use
Leadership Greatmoney saved
er Ardmore Alumby reclassini will sponsor a
fying certain
State Issue Forum. SARAH
property and
This event is de- LARKIN
drug crimes
signed to increase
as
misdeyour involvement in
meanors outand knowledge of state lined in State Question
legislative issues that 780 to fund rehabilitahave an impact on all of tive programs.
us as Oklahomans, and
Q State Question 792,
to improve your advo- which was designed to
cacy efforts at the state allow grocery stores
level. The programming and convenience stores
will focus on four of the to sell full-strength beer
seven different state is- and wine.
You will hear from insues certied to appear
on the Nov. 8 Oklaho- uential public policy
makers and other adma ballot.
Clayton Lodes, Ard- vocates on both sides of
more Chamber of Com- each issue. Presenters
merce Board Chairman will be able to present
said, We hope voters their argument for or
will take advantage of against the state questhis opportunity to be- tion, and inform the
come better informed public of the pros and
before heading to the cons. The oor will then
be open to questions
polls in November.
The issues we will be from attendees.
Bregan Heitz, Ardfocusing on include:
Q State Question 777, more Young Professionwhich was designed to als board member and
establish a constitution- event moderator, said,
al guarantee for farmers I am really looking forand ranchers to engage ward to hearing discusin farming and ranching sion on both sides of the
questions. Knowledge is
practices
Q State Question 779, a powerful thing, espewhich was designed to cially during election
increase the state sales season.
Please join us for this
tax by one percent to
generate revenue for ed- free event at 7 p.m. on
Oct. 25 in the Ardmore
ucation funding.
Q State Question 780, Convention Center.
Sarah Larkin is Ardwhich was designed to
reclassify certain prop- more Chamber of Comerty offenses and sim- merce communications
ple drug possession coordinator
Bartlesville Examiner-Enterprise
LETTERS TO THE EDI
SQ 777 unnecessary O
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09
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Oklahoma ranchers,
farmers and even factory
farmers, already have
the right to ranch and
farm and to use available
tools and technologies.
SQ 777 was referred to
the ballot as a reaction
against California Prop
2, which phased out
gestation crates for sows
and battery cages for
hens in California.
SQ 777 is a preemptive strike.
There has been no
Oklahoma proposal
remotely similar to Prop
2 and likely wont be. SQ
777 would benefit only
large corporate farms
such as Chinese owned
Smithfield, which has
holdings near Guymon,
by shielding them from
legislative oversight
forever.
Numerous legal
experts across Oklahoma
warn that compelling
state interest will be
almost impossible to
establish. SQ 777 has
a growing number
of opponents, which
include the Oklahoma
Municipal League,
Association of Central
Oklahoma Governments,
Oklahoma Conference
of Churches, the Five
Civilized Tribes, League
of Woman Voters,
Saving the Illinois River,
Oklahoma Food Coop
and many others, even
some fishing groups,
and small farmers and
ranchers. Several cities
including Oklahoma
City, have urged a No
vote, as has the Tulsa
World and Muskogee
Phoenix in editorials.
Readers will find
in-depth information
about SQ 777 on the
Facebook pages of
Oklahoma Stewardship
Council and Oklahomans
for Food, Farm and
Family. A No vote leaves
us where we are, no
better, no worse. A yes
vote opens the doors to
potential problems. I am
voting no because that
is the only safe vote for
Oklahoma.
Clova Abrahamson
Bartlesville
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Claremore Daily Progress
Oct
09
2016
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State Questions explained

By KIERAN STECKLEY
Stillwater News Press
In addition to the presidential race,

Oklahomans will have several races on
their ballot, highlighted by several state
questions.
S.Q. 776
This would add a new section of the
Oklahoma Constitution that allows the
state to impose the death penalty, as it
would not be deemed a cruel and unusual punishment, even if a particular
method is unavailable.
Those in favor: The death penalty is
still largely supported in Oklahoma,
therefore the state needs to be able to
designate and use any available and legal
option.
Those against: It would make it more
difficult to overturn the death penalty in
Oklahoma, which is increasing in opposition.
S.Q. 777
Also known as Right to Farm, it
would prevent lawmakers from passing
legislation aimed at regulating agriculture unless there is a compelling state
interest. It would forbid the state of
Oklahoma from regulating use of agricultural technology, livestock procedures and ranching practices. It is a constitutional amendment.
Those in favor: Oklahoma Farm
Bureau,
Oklahoma
Cattlemans
Association, among others. Will help
protect Oklahoma farmers from special
interest groups and make in-family tran-
sitions easier.
Those against: Humane Society of
the United States, Oklahoma Animal
Welfare League, among others. Will
make it easier for large corporations to
farm in Oklahoma that will cut small
farms from the market.
S.Q. 779
Would increase sales tax by one
penny per dollar spent that will go
toward the Oklahoma Education fund.
Will allow for raises for teachers and set
floor on how much state legislature can
spend on education.
Those in favor: Would ensure guaranteed money toward education and nothing else, which is a big need in
Oklahoma. Some schools are forced to
go to four days a week.
Those against: A sales tax hurts those
in lower income households. Would hinder state legislatures ability to use tax
money. Stillwater City Council passed
resolution opposing it because it would
hurt city and countys ability to pay for
services such as roads and other projects.
S.Q. 780
Would reclassify certain offenses
(simple drug possession, property
crimes) as misdemeanors instead of
felonies.
Those in favor: Would reduced prison
populations, less cost to taxpayers.
Would also aim to treat addiction,
instead of punish.
Those against: Would increase county jail population, could result in more
drug possession and pose a danger to cit-
izens.
S.Q. 781
Contingent on S.Q. 780 passing, this
would create the County Community
Safety Investment Fund from the savings
S.Q. 780 creates.
Those in favor: Would provide new
way to finance mental health and other
rehab services at county level.
Those against: The money is calculated by Office of Management and
Enterprise Services and is not guaranteed.
S.Q. 790
public expenditure or property use
for religious purposes would not be
explicitly prohibited.
Those in favor: would remove an
obstacle to the state in allowing religious
institutions to participate in public programs on an equal basis with non-religious institutions.
Those against: would open gates for
other religious groups to place own monuments on state grounds. Would affect
many areas of religious freedom.
S.Q. 792
Would allow stores to sell high-point,
refrigerated beer and wine.
Those in favor: Modernizes
Oklahoma liquor laws. Would be on par
with most other states.
Those against: Would hurt independent liquor stores due to increase competition and costs. That could lead to
decreased competition and higher prices.
Oklahoma Voter Guide was used as
contribution to this story.
El Reno Tribune
Oct
09
2016
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California chickens protected,

unborn humans, not so much
alifornia has
created a law
that makes it
illegal for journalists
or activists to secretly
record health-care
providers.
The legislation,
signed into law last
week by Gov. Jerry
Brown, came after
officials with Planned
Parenthood were
secretly videoed by a
pro-life organization
explaining how the
abortion giant makes
money on the side by
selling body parts from
aborted babies.
Lawyers and
lobbyists for Planned
Parenthood were able
to spin the video into
an indictment of the
pro-lifers and make
them into the villains.
The California
attorney general
actually filed charges
against the pro-life
proponents, but the
case was thrown out of
Ray
Dyer
court. Apparently
there are some judges
who still believe in the
First Amendment.
The California law
will probably be
challenged in court
and hopefully will be
overturned. If its not,
there goes another of
our First Amendment
rights as guaranteed
in our Constitution.
Its fine to protest
as long as what you
are protesting is
considered politically
correct by the powersthat-be.
While the left-wing
zealots are patting
themselves on the
back for protecting
Planned Parenthood,
how many people could

die because some
money-hungry doctor
or health-care
provider is allowed
to hand out opioids
unchecked because its
now illegal for an
investigative reporter
to video illegal drug
dealings?
Heres the real
kicker to the California
crazy.
David VonTungeln
provided this
information. The
El Reno veterinarian is
a proponent of State
Question 777, also
known as the Right to
Farm. Oklahoma
voters will decide the
issue Nov. 8.
VonTungeln points
to what happened
in California when
environmentalists and
animal rights activists
flexed their persuasive
political muscle.
Turn to DYER, Page 5A
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El Reno Tribune
Dyer
From Page 4A
The Humane Society

of the United States,
HSUS, initiated a voter
proposition to require a
large increase in the
minimum cage size for
laying hens.
The voters passed
the proposition and
the price of eggs went
through the roof,
VonTungeln said.
The result, chickens
got more comfortable,
but people on fixed
incomes were no longer
able to afford to buy
eggs.
Its called unintended

consequences. Its what
happens when decisions
are based entirely on
feelings.
Consumer choice was
essentially mandated to
what the radical animal
rights activists defined
as acceptable and lower
income consumers
were forced out of the
market. As it stands
now, retailers cannot
purchase eggs from
out of state unless they
meet the California
requirements.
Guess you are out of

eggs if you are poor, is
the way VonTungeln
summed it up.
So, in California,
defenseless chickens are
entitled to expensive
government protection
while defenseless
unborn humans are on
their own.
I hope Oklahomans
vote yes on SQ 777.
The idea of following
Californias lead on
anything these days is
nauseating.
Is our culture sick?
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The Kingfisher Times & Free Press
-VY\TWSHUULK[VKPZJ\ZZZ[H[LX\LZ[PVUZ
A state question discussion
has been scheduled for 6 p.m.
Tuesday, Oct. 18, at the Interbank
Community Room.
All seven state questions
that will be on the ballot on Nov.
ZLOOEHGLVFXVVHGVDLG0LNH
Frey, meeting coordinator.
Senators Darcy Jech and A.J.
*ULIQDQG5HS0LNH6DQGHUV
will be present to explain and
discuss the state questions.
Michael Kelsey, executive

vice president of the Oklahoma
Cattlemens Association, will
also attend to present S.Q. 777,
2NODKRPDV5LJKWWR)DUPELOO
I hope that area citizens
will join me to learn more about

these state questions so we can
all be informed when we go to
WKHSROOVWRFDVWRXUYRWHV)UH\
said.
McAlester News-Capital
www.mcalesternews.com
LETTERS TO THE EDITOR
Oct
09
2016
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Correcting the record on 777

Dear Editor,
Mr. Morgan is incorrect in his remarks about Kirkpatrick Foundation as well as the price of eggs in California.
The foundation does not endorse or oppose State Question 777, but rather we provide thoughtful, factual, nonpartisan analysis and public education on the matter.
Kirkpatrick Foundations source of funding comes from
the generous donation of our founders, John and Eleanor
Kirkpatrick. They are our only donors; we are not the
corporate philanthropic arm of an oil and gas operation.
In addition to operations at the Kirkpatrick Family
Farm in Yukon, the Kirkpatrick philanthropies indeed
have a long history of financial gifts to agricultural nonprofit endeavors, including Oklahoma Future Farmers of
America Foundation ($191,100), Canadian County 4H
($439,000), the Oklahoma Association of Conservation
Districts ($12,500), and others.
Regarding the price of eggs in California and Oklahoma, I refer your readers to our fact sheet here. Egg prices are now on a par with what they were in November
2008 when voters passed Proposition 2. http://kirkpatrickfoundation.com/assets/docs/EggPricesFactSheet-7.pdf.
Further, the Woodward News (August 2016) covered
the subject of eggs in this article and reported the following: A call to a Krogers in Los Angeles on Monday asking for the price of a dozen regularly produced eggs (not
free range or cageless) showed them to cost $2.69 cents
per dozen - not on sale. The same eggs produced in the
same way by the same company were $2.74, also not on
sale at United in Woodward.
http://www.woodwardnews.net/news/right-to-farm-presentation-headlines-chamber-luncheon/article_9de34ed65e13-11e6-b7d4-034e5c432de5.html.
Thank you for the opportunity to correct the record. In
matters of debate like SQ777, its so important to have accurate information.
Louisa McCune
Executive Director Kirkpatrick Foundation
Oklahoma City
p of Saturday s game.
Oct
09
Forums set to provide

answers about states direction
2016
Staff report
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pact, and the arguments for and against.

Additionally we have
A good voter is an
invited advocates from
informed voter, and
each side of the issues
Stillwater residents
to answer questions.
have a chance to be
Invite your friends,
described as such.
family, coworkers and
Besides the presneighbors to attend.
idential and senate
As always our meetrace, Oklahomans
ings are free and open
have to decide what
to the public.
direction the state will
The schedule is as
head in education,
follows:
taxes, alcohol and
6- 6:15 - Welcome &
farming.
Introductions
If these topics arent
6:15-7 - Question
ringing any bells, the
Breakdown by League
Oklahoma League of
of Women Voters
Women Voters and the
7-8 - Q&A - AudiStillwater News Press ence questions and
are teaming up to inresponses
form the public.
The state questions
All seven state queson the ballot are:
tions will be explained
777 - Farming and
in the State Question
Ranching Practices
Forum at 6-8 p.m. on
779 - One Percent
Oct. 25 at the StillSales Tax - Education
water Public Library.
790 - Use of Public
The Stillwater News
Funds for Religious
Press is sponsoring the Purposes
event.
776 - Modifications
A post on the foto the Death Penalty
rums Facebook page
780 & 781 - Crimireads: The Oklahoma nal Justice Reforms
League of Women
792 - Modifications
Voters will address
to Alcoholic Beverage
the language of the
questions, their imSee Forums, Page A2
Oct
09
2016
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Troubling
by
definition
xpert says Right
o Farm puts
urden on state
ichelle Charles
harles@stwnewspress.com
Critics of State Queson 777, commonly

alled the Right to
arm bill, express conern about how difficult
would be to address
nforeseen consequencs if it becomes part of
klahomas constitution.
They have also raised
he alarm about how difcult it would be for the
ate to meet the stanard of compelling state
nterest to regulate an
gricultural operation or
ractice under Right to
arm.
But University of
ulsa law professor Gary
llison says most peoe are still overlooking
he most troubling part.
llison, a professor of
onstitutional, environental and water law,
concerned about what
he state would have to
o and possibly pay for,
nder the standard conained in SQ 777.
The original author of
Right to Farm is a conervative membership
rganization called the
merican Legislative
xchange Council. It
escribe itself as Amerias largest nonpartisan,
oluntary membership
rganization of state leglators dedicated to the
rinciples of limited govrnment, free markets
nd federalism.
ALECs paid memership also includes
rivate industry and
ommercial interests.
With input from its
embers, ALEC producs model legislation like
he Right to Farm bill,
hich it wrote in the
id-1990s.
Missouri was the first
ate to pass Right to
arm as a constitutionamendment instead
f working through the
gislature. Oklahomas
nclusion of compelling
ate interest is another
ariation from versions
assed in other states.
Oklahoma already has
See Troubling, Page A2
Oct 2016 Page

09
A002
Clip
resized From
101% A001
sponsoring the forum,

which focuses on farming
and ranching practices
in the state and how it
relates to lawsuits in
ontinued from Page A1
court.
The two panelists are
aws
Two days later, on Oct. Tom Buchanan, a farmer-rancher and president
7, Oklahoma Watch
of the Oklahoma Farm
ill host a public forum
n SQ 777 from 6-7 p.m. Bureau. He has been a
member of OFB since
the Stillwater Comunity Center at 315 W. he was 17 and runs a
h Ave. The News Press cow-calf operation and
nd Blue Cross and Blue grows wheat and irrigated cotton on his farm
hield of Oklahoma are
Forums
near Altus. The other

is former state attorney
general and district
attorney Drew Edmondson, who serves as the
DA in Muskogee County.
He serves as chair of
the Oklahoma Stewardship Council, which is a
group of family farmers,
community leaders and
concerned citizens who
oppose SQ 777.
Oklahomans have
until Oct. 14 to register
to vote.
Oct
09
2016
Page
A002
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From
A001
least burdensome means,

Allison said. That is a
complete change from most
environmental laws that
operate on the premise the
Continued from Page A1
polluters must pay, either
for clean-up or preventaa right to farm law on
tive measures.
the books that protects
Determining the least
farmers and
burdensome
means reagricultural producers
quires
a
court
to consider
from nuisance lawsuits,
every
possible
way, if there
Allison said. SQ 777 goes
are
40
ways,
it
has to conmuch further.
sider
all
40
and
decide that
Using the terminology in
the
way
the
state
chose imSQ 777 raises the standard
poses the least burden on
of judicial review to strict
scrutiny, the highest level, the party being regulated,
he said.
and puts the burden on
If it doesnt meet that
the government to prove
any proposed regulation is test, it doesnt stand.
He likens it to the stannecessary to prevent something like loss of life, threat dard used in the legal
battle Hobby Lobby waged
to health or violation of a
over paying for birth conconstitutional right.
trol for its employees.
In essence, its giving
If paying for employees
the ability to farm without
contraceptives violates the
government interference
owners religious beliefs
the status of a fundamen(a constitutional right)
tal right, Allison said.
and the government sees
The standard goes
further in practice, requir- providing women with
birth control to be a coming the government to
demonstrate its regulation pelling government interest, it must also propose
achieves the goal by the
Troubling
a way to accomplish that

while putting the least burden on the business owner.
What puts less burden
on the business owner than
the government providing
and paying for it? Allison
said.
He worries that Oklahoma will wind up footing
the bill for environmental
mitigation under Right to
Farm, instead of forcing
the person or business
doing the damage to pay
up.
He also has grave concerns about the states ability to pass laws to manage
ground water and surface
water if the measure
passes. For example, he
foresees it being difficult to
stop someone from draining an aquifer to the point
where it couldnt recover.
Our water rights system
is in total disarray and if
we start experiencing more
drought, it would create
havoc, Allison said. If
the state wanted to pass
a new law, it couldnt do
anything.
Oct 2016 Page

11
A009
Clip
resized
74%
Muskogee Phoenix
an amazingly powerful
interest group at the
state Capitol. ... Frankstate has a compelling
down a puppys throat
Both sides in the
ly, farmers have little to
state interest, a very
to debark it would
debate over State Ques- become legal and have
fear from state lawmakhigh legal standard
tion 777 the so-called the same protection as
ers messing with their
shared by basic civil
Right to Farm proposal free speech in Oklahorights. Rules that were business. ...
have been guilty of
The rst rule of conon the books before Dec.
ma.
excesses in their argustitutional amendments
We dont think either 31, 2014, and regulaments.
should be: First, do no
tions in several areas
nightmare scenario is
The proponents have likely, and chalk up the trespassing laws, for harm, and in its potensuggested that only
exaggerated rhetoric to example are exempt. tial for unintended cona state constitutional
sequences especially
It wouldnt wipe anithe need to get voters
measure could shield
excited ... and the desire mal cruelty laws off the in the states ability to
cherished rural values
books. Neither would it protect its own environto raise money.
of decent working farmment we fear harm
effectively protect the
A rational review of
ers from the meddling
in SQ 777.
lifestyles of grandpas
SQ 777 comes to these
hands of bureaucrats
Farming is very imconclusions: It solves no farm. In fact, the meaand lunatic eco-extrem- pressing problem in the sure would give enorportant, but SQ 777
ists.
doesnt solve any real
state, and it could cremous legal protections
The opponents have
Oklahoma problems,
to big-time corporate
ate some.
claimed that, were the
and its potential to
agriculture, which is a
The measure would
create new problems in
measure to pass, almost prevent future state
greater threat to the
the future makes it bad
any imaginable cruelty and local regulation on iconic homestead than
the Legislature.
farming and livestock
policy.
up to and including
Agriculture remains
activities unless the
Tulsa World
ramming a steel rod
SQ 777 doesnt solve,

only creates problems
AROUND THE STATE
Oct 2016 Page

11
A005
Clip
resized
52%
Woodward News
WOODWARD NEWS
Tuesday, October 11, 2016
Page 5A
Legal expert says "Right to Farm" puts burden on the state

By Michelle Charles
CNHI News Service
Critics of State Question

777, commonly called the
Right to Farm bill, express
concern about how difficult it
would be to address unforeseen consequences if it
becomes part of Oklahomas
constitution.
They have also raised the
alarm about how difficult it
would be for the state to meet
the standard of compelling
state interest to regulate an
agricultural operation or practice under Right to Farm.
But University of Tulsa law
professor Gary Allison says
most people are still overlooking the most troubling part.
Allison, a professor of constitutional, environmental and
water law, is concerned about
what the state would have to
do and possibly pay for, under
the standard contained in SQ
777.
The original author of
Right to Farm is a conservative membership organization
called
the
American
Legislative Exchange Council.

It describe itself as Americas
largest nonpartisan, voluntary
membership organization of
state legislators dedicated to
the principles of limited government, free markets and federalism.
ALECs paid membership
also includes private industry
and commercial interests.
With input from its members, ALEC produces model
legislation like the Right to
Farm bill, which it wrote in
the mid-1990s.
Missouri was the first state
to pass Right to Farm as a
constitutional
amendment
instead of working through the
legislature. Oklahomas inclusion of compelling state interest is another variation from
versions passed in other states.
Oklahoma already has a
right to farm law on the books
that protects farmers and agricultural producers from nuisance lawsuits, Allison said.
SQ 777 goes much further.
Using the terminology in
SQ 777 raises the standard of
judicial review to strict
scrutiny, the highest level,

and puts the burden on the
government to prove any proposed regulation is necessary
to prevent something like loss
of life, threat to health or violation of a constitutional right.
In essence, its giving the
ability to farm without government interference the status of
a fundamental right, Allison
said.
The standard goes further in
practice, requiring the government to demonstrate its regulation achieves the goal by the
least burdensome means,
Allison said. That is a complete change from most environmental laws that operate on
the premise the polluters must
pay, either for clean-up or preventative measures.
Determining the least burdensome means requires a
court to consider every possible way, if there are 40 ways, it
has to consider all 40 and
decide that the way the state
chose imposes the least burden
on the party being regulated,
he said.
If it doesnt meet that test, it
doesnt stand.
He likens it to the standard
used in the legal battle Hobby
Lobby waged over paying for
birth control for its employees.
If paying for employees
contraceptives violates the
owners religious beliefs (a
constitutional right) and the
government sees providing
women with birth control to be
a compelling government
interest, it must also propose a
way to accomplish that while
putting the least burden on the
business owner.
What puts less burden on
the business owner than the
government providing and
paying for it? Allison said.
He worries that Oklahoma
will wind up footing the bill
for environmental mitigation
under Right to Farm, instead
of forcing the person or business doing the damage to pay
up.
He also has grave concerns
about the states ability to pass
laws to manage ground water
and surface water if the measure passes. For example, he
foresees it being difficult to
stop someone from draining an

aquifer to the point where it
couldnt recover.
Our water rights system is
in total disarray and if we start
experiencing more drought, it
would create havoc, Allison
said. If the state wanted to
pass a new law, it couldnt do
anything.
Brief
TULSA POLICE INVESTIGATE
FATAL SHOOTINGS OF 2
TULSA, Okla. (AP) Police
in Tulsa are investigating an
early-morning shooting in which
a man and a woman were killed
inside a barroom.
Tulsa Police Department Sgt.
Dave Walker says police
responded to reports of a shooting at 1:08 a.m. Monday and
found the bodies of a man and a
woman who had been shot.
Walker says investigators
interviewed a female relative of
the female victim who was also
inside the bar and learned that a
Hispanic suspect had made
advances to her as while she
worked as a bar tender when the
female victim told the suspect to
leave.
Owasso Reporter
Oct
12
2016
Page
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Guymon Daily Herald

Caseys Corner: State questions

ing certain offenses misdemeanors

The Norman Transcript

A R O U N D T H E S TATE: N O V. 8 ELE C TIO N

example are exempt.

Oklahoma Watch will

See Forum, Page A5

Oct 2016 Page

tices harmful to people

Oct 2016 Page

California chickens protected,

California has created a law

judges who still believe in the

ed this information. The El

when decisions are based

State issues forum

LETTERS TO THE EDI

Claremore Daily Progress

State Questions explained

In addition to the presidential race,

California chickens protected,

how many people could

Oct 2016 Page

The Humane Society

Its called unintended

Guess you are out of

Oct 2016 Page

The Kingfisher Times & Free Press

Michael Kelsey, executive

will join me to learn more about

LETTERS TO THE EDITOR

Correcting the record on 777

Forums set to provide

pact, and the arguments for and against.

Critics of State Queson 777, commonly

See Troubling, Page A2

Oct 2016 Page

sponsoring the forum,

near Altus. The other

least burdensome means,

a way to accomplish that

Oct 2016 Page

SQ 777 doesnt solve,

AROUND THE STATE

Oct 2016 Page

Tuesday, October 11, 2016

Legal expert says "Right to Farm" puts burden on the state

Critics of State Question

Legislative Exchange Council.

scrutiny, the highest level,

stop someone from draining an

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