The injunction was seen by some as a small victory in an ongoing debate over the legality of Moffett's annexation of parts of U.S. Highway 64, State Highway 64D to Dora, about a half-mile of old Highway 64, and other tracts of land.
"It thrilled me, to be quite honest with you," State Rep. Glen "Bud" Smithson (D-Sallisaw) said of the news of the injunction.
Moffett's annexation has been a source of controversy in recent years, resulting in the town's then attorney to ask for a declaratory judgment in January 2006 to confirm the town's annexation was done properly.
In response to the declaratory judgment request, Sequoyah County Commissioners in April 2006 hired Sallisaw attorneys Dan George and Fourth Scoufos to represent the county in the court case. Scoufos and George took on the case for a $1 fee.
George explained Tuesday that he and Scoufos were hired to represent the board of county commissioners after the Town of Moffett filed a request, asking the court to approve their annexation.
"We rejected that request," George said, noting he and Scoufos filed a motion for injunctive relief pending trial.
In George's application for temporary injunction, he wrote, "Like an octopus, Moffett has used it tentacles to suck the public to feed the body. It is of no relevant interest to a housewife in Moffett whether or not the person driving an automobile near the city limits of Roland (five miles, several corn fields, and a swamp away) is driving his car in a manner offensive to the police officers of Moffett."
In a Tuesday court hearing, Associate District Judge A.J. Henshaw granted that injunction, which is effective immediately, pending the outcome of the case.
"Judge A.J. Henshaw should be commended for his decision," Smithson said. "I'm so proud someone in the county stepped up to the plate and made a hard decision."
George said he too is pleased with Henshaw's ruling, adding that they planned to press on with the trial on Dec. 10.
"Much of Moffett's proposed annexations are simply highways," George said. Those highways include State Highway 64D to Dora, old Highway 64 toward Shady Grove, and U.S. Highway 64 between Roland and Moffett.
"A city cannot annex the roadway unless the road is in the city itself," George argued.
Because of Tuesday's injunction approval, Moffett has lost the right to patrol those highways pending trial on Dec. 10.
George questioned the town's interest in a person not wearing their seatbelt on U.S. Highway 64 near Roland.
"We know what the interest is - it's money, simply money," George said.
Smithson agrees with George. He pointed out that the particular highways are not in the town's city limits and police must go outside the city limits to patrol them. He questioned how those highways are a threat to the town.
"They have the responsibility to patrol their jurisdiction," Smithson said. "64D and Highway 64 are not within Moffett's jurisdiction...it doesn't affect their citizens."
Smithson believes the town only wants the highways to be in the town's limits to make money for the town.
"My biggest complaint is that no police department should be charged with the duties of providing income for their towns."
A police department's job, he said, is to monitor crime, Smithson, a retired Oklahoma Highway Patrol (OHP) trooper, said.
Others have also taken up sides against Moffett in the case. A motion to intervene in the case by Sallisaw attorney Frank Sullivan III of Sallisaw was approved Tuesday. Sullivan filed the motion on behalf of Preston Cloud, the owner of Cheyenne Gentlemen's Club, who claims that he and his customers have felt harassed by Moffett Police and Cloud wants to do everything he can to keep the police in check. Cloud's business is located along U.S. Highway 64 between Moffett and Roland.
Sullivan said he believes Cloud's interests coincide with the county commissioners' interests in the case.
"What reason do they have to annex roads?" Sullivan questioned. "To make money off traffic stops."
SMITHSON BILL
Last year Moffett police were first banned from patrolling the highways after the OHP's investigative division audited the town's revenue from speed enforcement. OHP officials explained last year that Moffett violated the state speed trap law, enforced by the Department of Public Safety (DPS), that states the revenue a town or city gets from traffic fines can't exceed more than 50 percent of the town's operating budget.
The audit of the town's 2003 and 2004 budgets revealed that 78 percent of Moffett's operating budget was from traffic tickets in 2003, and 84 percent of its operating budget came from traffic tickets in 2004, officials said last year.
The ban on the town was rescinded earlier this year after a change in law that prevented towns being banned from patrolling state and federal-aid highways. Since the ban was rescinded, Moffett officers were allowed back on the highways.
But Smithson's legislation, which was passed in May, seeks to reverse that law.
Smithson took aim at the town in the legislature after passing legislation that could result in Moffett police being forced off the highways. But his legislation does not take effect until Nov. 1.
While Smithson's legislation is separate from the annexation case and Tuesday's injunction, Smithson indicated the two share a common goal.
"I've always thought they were there illegally," Smithson said of the annexation.
The 40-page Senate bill, which tackles numerous other topics, gives power back to the attorney general and the DPS commissioner, who have the authority to direct the OHP to conduct special enforcement on state and federal highways.
Smithson confirmed Tuesday while his legislation takes effect Nov. 1, it does not automatically take Moffett off the highways. He said violations must first be found. Smithson said the DPS commissioner has orders to re-audit Moffett Nov. 1 to discover if violations have occurred. The violations to which Smithson is referring include ticket-writing, complaints, and exceeding limits on money generated for a town of their size.
SPEED TRAP LABEL DISPUTED
Since the initial ban, town officials have said the town has received an unfair label as a "speed trap."
In an attempt to dispel that label, the town set up a display in June of various drugs, alcohol and drug-related paraphernalia that were confiscated as a result of traffic stops on U.S. Highway 64, old Highway 64, and State Highway 64D.
The police department claimed that their stops did not come from speed violations, but from other traffic crimes, such as bogus tags and driving under the influence.
In the meantime the temporary injunction is in effect. Smithson said he has notified the OHP of the court order, and the OHP will now monitor the highways near Moffett and conduct accident investigations on those highways.
A spokesperson for the police department said Tuesday evening that the department planned to issue a press release about Tuesday's injunction. As of Wednesday morning, Your TIMES had yet to receive that press release.
The town's attorney, Rex Earl Starr of Stilwell, was unavailable for comment.
