Oklahoma County Jail Update: Oklahoma AG Says County Can Build Jail Without City Approval

Attorney General Gentner Drummond has issued a formal opinion concluding that Oklahoma County has legal immunity from Oklahoma City’s zoning regulations in the ongoing dispute over the location of a new county jail.

The opinion, released on Monday, clarifies that while Oklahoma County is not a "superior sovereign" to Oklahoma City, the county’s statutory obligations to construct and operate a jail outweigh the city’s zoning concerns.

Related Coverage: Q&A: Okla. County Commissioner Brian Maughan On Drummond’s Jail Decision

Oklahoma County Commissioners picked a site for the new jail in February near Del City off of Southeast 15th Street and Grand Boulevard.

Plans for the property on Grand Boulevard also included a behavioral health facility, which was set to be built with money from the American Rescue Plan.

The deadline for that money to be allocated is Tuesday, Dec. 31, 2024. 

County Commissioner Brian Maughan said Drummond's ruling means the county will likely move forward with the mental health facility when they meet on Tuesday.

Drummond based his decision on the balancing-of-interests rule established by the Oklahoma Supreme Court in 1986, which weighs public interest against local government authority.

“The broader public interest is so important that immunity must be granted even though the local interests may be great,” Drummond wrote in the opinion.

The conflict stems from Oklahoma County’s plans to replace its deteriorating jail facility. Voters approved a $260 million bond measure in 2022 to fund the project.

The county purchased land within Oklahoma City limits, but the City Council denied a special use permit for the site despite approval from the city’s Planning Department and Planning Commission.

Oklahoma County appealed the denial in June 2024, arguing that its obligations to provide a jail under state law gave it immunity from the city’s zoning ordinances.

Drummond’s opinion relies on the five “Rutgers factors,” which assess immunity from municipal zoning regulations. The factors include the nature of the entity seeking immunity, the public interest served, and the impact of local zoning rules.

City and school leaders in Del City protested the Grand Boulevard location, saying they did not want the county jail that close to neighborhoods and schools. Del City's Mayor issued this statement:

The attorney general’s opinion is just that. It’s just an opinion. He has no authority commenting on an active court case. The decision will be made by the judge. Not the attorney general. He has gotten out of his lane by issuing an opinion on an active court case. It’s a political move, issuing an opinion 35 hours before a deadline and I question the authority of the attorney general issuing an opinion at the last hour. -- Mayor Floyd Eason, Del City

Officials in Oklahoma City said they had no comment Monday when News 9 reached out.

While the opinion grants Oklahoma County immunity in this case, Drummond urged the county to continue working with city officials to address local concerns.

Full Opinion: