Oklahoma Court of Civil Appeals | Dec. 21, 2022

Decisions

YATES v. GANNETT CO.
2022 OK CIV APP 41
Case Number: 119414
Decided: 11/15/2021
Mandate Issued: 12/15/2022

¶1 Appellant Travis Yates, a Tulsa police major, appeals the trial court’s February 22, 2021 Order granting the media Appellees’ Motions to Dismiss his claims for defamation, intentional infliction of emotional distress, false light invasion of privacy, and malicious wrong pursuant to the Oklahoma Citizens Participation Act (“OCPA”), 12 O.S. §§ 1430 et seq. Yates’ suit also challenged the constitutionality of the OCPA. The trial court, relying on Krimbill v. Talarico, 2018 OK CIV APP 37, 417 P.3d 1240, denied the constitutional challenge. Both the text of OCPA–and the First Amendment principles that undergird it–require this Court to affirm the trial court’s Order dismissing Appellant’s claims. This Court also holds that the OCPA is constitutional.