In July 2014, incoming University of Oklahoma Sooners football player Joe Mixon got into a verbal altercation with a female student at a restaurant near campus. The altercation ended when Mixon punched the woman in the face, knocking her out. What followed was a debate over whether Mixon was acting in self defense after an alleged assault (the woman reportedly slapped him first), or whether he was the perpetrator of a violent assault. 

Eventually, Mixon was charged with "acts resulting in gross injury." He entered an Alford plea and he was given a deferred sentence, requiring him to complete probation that included 100 hours of community service and cognitive behavior counseling.

Although the case has been adjudicated, the issue of the surveillance video capturing the incident still looms. When the incident occurred in 2014, the Oklahoma Association of Broadcasters (OAB) filed a lawsuit to try to force the Norman Police Department and the Cleveland County District Attorney's Office to release the video under the Open Records Act.

Instead, certain members of the OAB were allowed to view the video in a private screening. They were not allowed to have a copy of the video, nor were they allowed to record it during the viewing.

The OAB lawsuit said that the video screening fell short of the city's obligations under the Open Records Act and continued the lawsuit, demanding the release of the video.

However, the District Attorney's Office and the Norman Police Department argued that the surveillance video did not meet the requirements of a public record for several reasons, including the following:

  • The video was not public property, but rather the private property of Pickleman's Restaurant, where the incident occurred.
  • The lawsuit defendant's no longer had the video, as it had been returned to the owner (however, although the DA's office said it no longer had the video, the NPD allegedly claimed that it still has copies).
  • The video did not depict an arrest, and Mixon voluntarily turned himself in to police, and was therefore not arrested.

Cleveland County District Judge Thad Balkman dismissed the lawsuit, and the OAB appealed.

On Monday, the Oklahoma court of civil appeals ruled that Judge Balkman erred in dismissing the lawsuit:

Based on the record and applicable facts, we conclude the trial court erred in dismissing OAB's petition for injunctive and declaratory relief because it has alleged a cognizable legal theory for access to the surveillance video pursuant to 51 O.S. 2011 § 24A.8(B) and the trial court made no determination that the reasons for denial of access (whatever they may be) outweigh the public's interest to access the surveillance video, a public record. Accordingly, we reverse the Order and remand the cause for further proceedings.

Although the appeals court has found that the Mixon tape is, in fact, a public record, this does not mean that they ordered its release. Instead, they are sending the lawsuit back to Judge Balkman, who must now determine whether or not the denial of access outweigh's public interest in viewing the recording.

At this point, the case has been adjudicated. Mixon has served his suspension and his sentence. What good could come of the release of the tape now? According to Oklahoma sports reporter Barry Tramel, the case is no longer about the Mixon tape and what it reveals, but rather it becomes an important demonstration of government accountability in upholding the Open Records Act.

What do you think? Should the Joe Mixon tape be released to the public?