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OKL. ED. ASS'N v. ALCOHOLIC BEV. LAWS ENF. COM'N

Nos. 87-2627, 87-2668.

889 F.2d 929 (1989)

The OKLAHOMA EDUCATION ASSOCIATION, an incorporated association; Russ Islas and Susan Stone, as individuals and as members of the Oklahoma Education Association; The Oklahoma Public Employees Association, an incorporated association; Sherri Moore and Linda G. Cupp, as individuals and as members of the Oklahoma Public Employees Association, Plaintiffs-Appellants, v. The ALCOHOLIC BEVERAGE LAWS ENFORCEMENT COMMISSION; and Winston Boydston, Bill Porter, Robert Berry, Joan Blankenship, Heber Finch, and Randall Spears, as members of the Alcoholic Beverage Laws Enforcement Commission; and Ron Willis, as the Director of the Alcoholic Beverage Laws Enforcement Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 7, 1989.

Attorney(s) appearing for the Case

Richard B. Wilkinson (Karen L. Long, of the Oklahoma Educ. Ass'n, of Oklahoma City, Okl.; and Dennis W. Arrow, of Edmond, Okl., with him on the briefs), of the Oklahoma Education Ass'n, of Oklahoma City, Okl., for plaintiffs-appellants Oklahoma Educ. Ass'n; and Russ Islas and Susan Stone, as individuals and as members of the Oklahoma Education Association.

Frank E. Walta, of Oklahoma City, Okl., on the briefs for plaintiffs-appellants Oklahoma Public Employees Ass'n; and Sherri Moore and Linda G. Cupp, as individuals and as members of the Oklahoma Public Employees Association.

William Kurt Morgan (Robert H. Henry, Atty. Gen. of Oklahoma, and Michael Scott Fern, Asst. Atty. Gen., Deputy Chief, Civ. Div., were on the brief), of the Alcoholic Beverage Laws Enforcement Com'n, for defendants-appellees.

Before TACHA, and McWILLIAMS, Circuit Judges, and BRATTON, District Judge.

TACHA, Circuit Judge.

Oklahoma Education Association, Oklahoma Public Employees Association, and various individually named plaintiffs ("state employees") appeal a district court order upholding both article 28, section 8 of the Oklahoma Constitution and its statutory counterpart, title 37, section 511(D) of the Oklahoma Statutes ("the Oklahoma provisions"), against claims that the Oklahoma provisions violate the first and fourteenth amendments of the United States...

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