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Oklahoma

Brent Swadley Files Lawsuit Against State Auditor

The restaurant operator claims the State Auditor withheld records concerning a 2022 Department of Tourism audit.

Updated on Oct. 19, 2026 in Dining Out

Bold flat-color editorial illustration of a single stone pillar, evoking the tension and gravity of institutional transparency and public record laws.
Restaurant operator Brent Swadley has sued Oklahoma State Auditor Cindy Byrd, alleging that her office wrongfully withheld public records concerning a 2022 audit. AI Illustration. Upload story photo >

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Brent Swadley filed a lawsuit in Oklahoma County Court alleging that State Auditor Cindy Byrd violated open records laws. The legal action follows Swadley's failed request for a 2022 audit and related emails.

Why it matters

The dispute centers on transparency regarding a 2022 Department of Tourism audit that remains unreleased despite previously being declared finalized. Swadley claims these documents were wrongfully withheld by the auditor's office.

Brent Swadley submitted an open records request in June 2026 for a 2022 Department of Tourism audit. The document has remained withheld since State Auditor Cindy Byrd stated it was finalized in April 2025.

The players

Brent Swadley

He is a restaurant operator who was previously convicted of defrauding the state while running Foggy Bottom restaurants.

Cindy Byrd

She serves as the State Auditor for Oklahoma and is the defendant in the lawsuit filed regarding the release of public records.

The details

Swadley, who was convicted of defrauding the state through his operation of Foggy Bottom restaurants, alleges that the auditor's office failed to comply with state law. The auditor previously stated in December that the release of the audit was pending approval from the Attorney General.

Timeline

  1. The requested audit pertains to the 2022 fiscal year.

  2. State Auditor Cindy Byrd stated in April 2025 that the audit was finalized.

  3. Brent Swadley submitted his open records request in June 2026.

  4. The lawsuit was filed in Oklahoma County Court on October 19, 2026.

  5. Brent Swadley is scheduled for a sentencing hearing on October 21, 2026.

Culture Shift

The lawsuit tests the boundaries of the Oklahoma Open Records Act, specifically regarding the conditions under which government audits can be legally withheld from the public. This legal challenge highlights the ongoing tension between administrative transparency and internal state agency review processes.

Residents may see increased scrutiny regarding how the state manages Department of Tourism audits and public transparency. The outcome of this case could influence how future open records requests are handled by state officials.

The takeaway

Public access to government financial documents is a cornerstone of state accountability. Understanding the legal process for obtaining such records is essential for those monitoring state agency spending.

What happens next

Brent Swadley is scheduled for a sentencing hearing on October 21, 2026.

Further reading

For more on the state's food and business climate, visit the Oklahoma Dining Out section.

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Should government agencies be required to release all completed audit records upon public request?