Norman takes salon case to federal court

A case against the city of Norman to open salons in the midst of a pandemic will head to federal court.

The Norman Transcript reported on Tuesday that the city of Norman and Mayor Breea Clark are preparing to go to federal court in a fight with four local salon owners about when the shops should open up.

In a prepared statement on Tuesday evening, Clark said each decision the city of Norman has made has been in the interest of public health and safety.

“The original delay in reopening personal care provider businesses was based on the advice of public health experts and the CDC's recommendations for social distancing, which are physically impossible to comply with at personal care businesses,” Clark said. “While these businesses are now opening under strict standards of personal safety, I continue to encourage residents to wear masks and make smart, science-based decisions about protecting their health moving forward.”

Four local salon owners — Ashley Russell, Susan Babb, Dana Bradley and Kathryn Morris — filed a lawsuit against Clark last week because the city of Norman's reopening plan did not allow salons and bars to open until May 15 while restrictions on other businesses were relaxed.

On Monday, Cleveland County District Judge Thad Balkman issued a temporary injunction blocking enforcement of Mayor Breea Clark's proclamation preventing salons from opening until May 15.

In his ruling, Balkman said the temporary injunction “will not be adverse to the public in this instance.”

The owners of the salons accused Clark of violating their constitutional rights by not including them in a first wave of businesses that could reopen May 1 and stated the city presented no evidence Norman posed anymore danger than other communities that allowed salons to open according to Gov. Kevin Stitt's order.

Tuesday morning, the salon owners were scheduled to meet with Clark, but their attorney Sam Talley said t he meeting was canceled with “short notice ,” according to the Norman Transcript.

Assistant City Attorney Rick Knighton said the decision to take the case to federal court is about protecting citizens.

“Moreover, because the right of a municipality to protect the public health, safety and welfare of its citizenry is fundamental, we intend to do all we can to preserve that right,” Knighton said in an email to The Norman Transcript.

T alley told the Norman Transcript that his clients do not intend to drop the lawsuit.

“My clients are still fully vested in their lawsuit. That is certainly not a challenge to the city. My clients still want resolution, but we're still not interested in any politics. We're still just interested in moving forward,” Talley said.