Oklahoma County jail refuses entry to state health inspectors, fails ninth-straight inspection

The Oklahoma County Detention Center failed its ninth-straight inspection by the Oklahoma State Department of Health after jail staff refused to allow inspectors inside Tuesday morning.

OKLAHOMA CITY (KFOR) — The Oklahoma County Detention Center failed its ninth-straight inspection by the Oklahoma State Department of Health after jail staff refused to allow inspectors inside Tuesday morning.

An assistant Oklahoma County District Attorney claimed the Oklahoma State Department of Health (OSDH) “exceeded its authority” when its inspectors showed up unannounced to inspect the Oklahoma County Detention Center (OCDC) on Tuesday morning.  

But OSDH officials cite a state law they say very clearly allows their inspectors to show up unannounced, and bans jail officials from denying them entry.  

Now, activists are calling for a criminal investigation into the jail’s leadership and for the United States Department of Justice to take over the jail.  

"It's not that hard to see that the county is completely negligent, that the United States Department of Justice needs to take this jail over effective immediately,” said Christopher Johnston, a member of the People’s Council for Justice Reform.

Johnston says the track record of failed inspections correlates with the timeline in which the Oklahoma County Criminal Justice Authority (OCCJA) took over operation of OCDC from the Oklahoma County Sheriff’s Office in 2020.

“Immediately when they took over, since we haven't passed a health inspection,” Johnston said. “Our first failed health inspection was February 18th, 2020, And from then on, we have failed every single time with the overwhelming amount of issues having to do with management, having to do with things about people, not the building.”

Tuesday’s OSDH inspection report says inspectors showed up to OCDC for an "unannounced annual inspection" at 9 a.m.

It says at 9:48 a.m., jail staff informed inspectors they would not be allowed inside because the jail did not have “enough staff to support the inspection process.”

Later on Tuesday, Oklahoma County Assistant District Attorney, Aaron Etherington, sent OSDH officials a letter in response to the inspection report.

In the letter, Etherington claimed OSDH "exceeded its lawful authority in attempting to conduct the unannounced inspection.”

Etherington wrote jail officials previously sent OSDH invitations to conduct announced inspections on three specific dates in the coming weeks, and that OSDH has until July 12 to accept the invitation.  

She ended her letter claiming OSDH must give the Oklahoma County District Attorney’s Office at least a 10 day heads up in advance of any inspections at OCDC.  

“Any documentation you require to facilitate your inspection must be submitted to our office no later than ten (10) days prior to the selected inspection date,” she wrote.

"That's absolutely a lie, they can't,” Johnston said. “They're the state of Oklahoma. They are above the county."

Oklahoma’s law governing jail inspections says OSDH is allowed to perform inspections at jails without giving any heads up.  

“An inspection, investigation, survey, or evaluation shall be either announced or unannounced,” Oklahoma State Statute says. “The State Board of Health shall promulgate rules determining the criteria when an inspection, investigation, survey or evaluation shall be unannounced or may be announced by the Department.”

OSDH also cited another state statue in its inspection report, which says its inspectors "shall be permitted to enter all jail premises and administrative offices for the purpose of performing their assigned duties."

News 4 reached out to OCDC’s spokesperson and asked him how jail leaders can claim OSDH “exceeded its lawful authority” in light of those state statutes.

“The information you seek is privileged attorney client information,” the spokesperson told News 4.

Now, Johnston says his group wants to see some immediate action.

"We are demanding that the United States Department of Justice take this jail over effective immediately, and that the attorney general's office for does a criminal investigation into this and whatever his office needs to do to assist the United States Department of Justice,” Johnston said.
“Because it is clear these people, these that these politicians and everyone connected to this are they're not going to stop until they're held accountable."