New security rule posted at the Capitol alarmed a group lined up for an OSDE meeting

About a dozen people — many wearing heavy coats and some packing lawn chairs — huddled in the cold Wednesday night and into Thursday morning in front of the Oliver Hodge Building, seeking a seat for Thursday afternoon's Oklahoma State Board of Education meeting.

For months now, those wanting to attend the monthly board meetings have been forced to wait in line for long hours to ensure a seat at the meeting. Seating is limited in the small room where the board's monthly meetings are held. Only those who line up early have a chance to get in. That's been the process since state schools Superintendent Ryan Walters took office in January 2023.

Because the meetings often address controversial subject matter, they draw major interest and Oklahoma State Department of Education officials use a first-come, first-served process for entry. Only 10 slots are allowed for public comment, a policy changed late last year. State education officials have, so far, ignored calls to move the meetings to a larger venue.

On Wednesday evening, the state Education Department added a new twist to the attendance game: a rule which said people couldn't remain on the Capitol grounds overnight. The new rule, posted alongside the agenda for the meeting, said no one would be allowed to wait outside the building between 11 p.m. Wednesday and 6 a.m. Thursday.

Entrance and exits to Capitol building were tied shut with extension cable until Thursday morning

Security guards at the Oklahoma State Capitol Complex building that houses the state Education Department also used an extension cable to tie entry/exit doors together, and the cable wasn't removed until about 8 a.m. Thursday. Protestors contacted fire-department officials about the cabling of the door, but any response by fire officials wasn't immediately known.

"It's laughable," said Oklahoma City businessman and philanthropist Sean Cummings. "Our school superintendent has made this a joke." Cummings, part of the group who staked out a spot for a seat, said the people waiting in the cold were serious and concerned about the state's education policy.

Cummings wasn't alone.

State Rep. Andy Fugate, D-Del City, said he saw postings on social media about the vigil and was concerned that those waiting in line could be arrested. Fugate, who got to the Hodge Building a little after 9 p.m., said he wanted to make sure those waiting in line were allowed to stay.

"I saw this posted earlier," he said. "I thought I'm gonna swing out here tonight. If they happen to have law enforcement come out here, I'm going to explain to them that (arresting people) would be absolutely wrong. These people have every right to be here to participate in an open meeting. They're not here to protest. They're not here to demonstrate."

The whole thing is nonsense, Fugate said. He said state Education Department officials were misinterpreting the law and that it was legal for residents to wait peacefully for a seat.

More: Why Oklahoma Democrats are making a third call for a House investigation into Ryan Walters

"They have posted some regulatory rules about the State Capitol Park and usage of the State Capitol Park and have highlighted a few sections of this," Fugate said. "If you read the entirety of what they have put up there, they have taken that rule out of context. It's like taking one verse out of the Bible out of context."

The possibility that those waiting in line could be arrested was a dramatic change of enforcement protocol. Normally, the small foyer area between the Hodge Building's internal and external doors remains unlocked. Wednesday night, however, the doors were secured with plastic ties and one door was tied shut with an orange extension cord.

Questioned by The Oklahoman, Oklahoma Highway Patrol spokesperson Sarah Stewart said the Capitol Complex grounds are considered a state park that has a curfew. She said that’s an administrative rule. Stewart wouldn’t say who asked for the change in protocol. Neither did Dan Isett, a spokesperson for the state Education Department.

Thirteen residents, some sitting in chairs and most huddled under blankets, stayed overnight by the Hodge Building's entrance. No one from law enforcement bothered them, one of the protesters, Erica Watkins, said about 8:15 a.m. Thursday. Watkins is the regional director for the grassroots group Defense of Democracy, which often has members that attend the state board meetings.

Small, largely peaceful protests common before Oklahoma State Board of Education meetings

Still, small and usually peaceful, protests often happen before board meetings.

Last week, the Human Rights Campaign, which calls itself the nation’s largest LGBTQ+ advocacy organization, said protests would take place this week at the Capitol, including before the State Board of Education meeting.

Laurel Powell, the director of communications and programs for Human Rights Campaign, said she arrived at the Hodge Building around 5 p.m. Powell said there were only a handful of people standing outside the building and they were under an awning, trying to stay out of rain that was falling at the time, “not bothering anybody.”

Powell said a couple of people had chairs set up, and that building security people “freaked out."

"They snatched this poor guy’s camping chair, posted (the message about the curfew)," she said. "They were trying to signal that at 11 (p.m.), you’d better not be here. It was such an overreaction. There were people just waiting there, in the cold, outside, in the rain."

She added: “Nobody was doing anything. No one tried to go into the building. It was real mellow. The security guard wouldn’t answer questions, he just posted the thing and walked away.”

LGBTQ+ advocates said the protests are a response to the death of Owasso High School student Nex Benedict in February. Benedict died one day after an altercation with other students inside a school bathroom.

The circumstances surrounding the 16-year-old’s death have drawn nationwide scrutiny, particularly over the measures schools take to keep transgender children safe. Benedict was of Choctaw heritage. A summary autopsy report concluded Benedict died by suicide.

With concerns about the state's education policies growing, Cummings and others holding the Wednesday night vigil said they would continue to push back against Walters' policies.

"We are in this for the long-term," he said, even if that meant the possibility of arrest.

But by 11:30 Wednesday night, those fears seemed unwarranted. The Capitol grounds remained silent and the Oklahoma Highway Patrol didn't come.

This article originally appeared on Oklahoman: Oklahoma Education Department security rules changed before meeting