Valley Brook faces lawsuit over where police have jurisdiction along SE 59
Valley Brook could be forced to refund hundreds of fines if a former dancer at a now-closed strip club wins a lawsuit filed Monday.
The lawsuit alleges the Valley Brook Police Department has unlawfully arrested people for years outside its jurisdiction.
The woman’s attorney is seeking class-action status so that everyone affected in the last three years can be compensated.
At issue is a short stretch of road along SE 59 between Camille Avenue and S Eastern Avenue. The now-closed strip club, two other strip clubs and the town’s municipal building and police department are along the roadway.
Valley Brook officials said police officers enforce ordinances along that roadway because the street forms the boundary line between the town and Oklahoma City.
According to Oklahoma law, a municipality and its law enforcement officers may enforce ordinances at the boundary lines of its jurisdiction, and when a roadway forms the boundary, either jurisdiction is allowed to enforce the laws within the entire width of the road.
The lawsuit, though, alleges the northern edge of Valley Brook doesn’t even reach that stretch of roadway, making it within Oklahoma City’s jurisdiction.
The lawsuit was filed in Oklahoma County District Court on behalf of Marquinesha McKinley, who was arrested last year along that roadway. McKinley, 27, of Del City, is seeking nearly $2,000 she paid as a result of citations.
The lawsuit alleges this “is not an isolated occurrence.”
“I hope everybody comes forward who was pulled over in that area,” said McKinley’s attorney, Jeffrey Box. “It angers me to think that Valley Brook takes their money the way that they do when they didn’t have jurisdiction.”
Box filed the lawsuit Monday after an Oklahoma County judge ruled in his favor in a criminal case related to the jurisdictional issue.
The judge dismissed a misdemeanor drunken driving case after finding Valley Brook officers have a “lack of jurisdiction” along that roadway.
The lawsuit alleges the town either knew or should have known the roadway was within the jurisdiction of Oklahoma City and should have directed officers to cease all traffic stops at that location.
“None of the roadway where plaintiff was stopped, detained and arrested by the Valley Brook police officers was within defendant’s jurisdiction,” the lawsuit states. “The fines and costs charged ... should be refunded.”
In a 1992 civil case, an Oklahoma County judge found that Valley Brook has jurisdiction to regulate the operation of motor vehicles and other traffic on SE 59 because the street forms the boundary line of the town and Oklahoma City.
However, the current lawsuit alleges the stretch of road and a portion of land beyond it to the south has belonged to Oklahoma City for more than 60 years.
Box also noted there is no “interlocal agreement” in place that would allow Valley Brook to enforce laws along that roadway.
Valley Brook officers pulled over McKinley early June 13, 2017, at 1900 SE 59. After smelling a strong odor of marijuana, officers searched McKinley’s vehicle and found a green leafy substance, a digital scale and a pistol.
She later pleaded no contest to three municipal offenses.
In January 2017, Valley Brook police arrested McKinley on a prohibited performance citation.
At the time, McKinley was a dancer at the nowclosed Whispers Gentleman’s Club and she performed a private dance without any bottoms on, police reported. She later pleaded no contest in that case.