An assistant attorney general representing Oklahoma State Board of Chiropractic Examiners is requesting Garfield County District Court stop Tammy Joy Kennedy from practicing chiropractic.In a petition for temporary and permanent injunctions filed Friday, which has been assigned for review in Associate District Judge Richard Perry's court, Grant Moak lists in his allegations that Kennedy is not state licensed to be a chiropractor or in any of the healing arts in Oklahoma.
She is practicing chiropractic and "holding herself out as a practitioner of chiropractic" in violation of state statutes, Moak alleges.
The petition is accompanied with a motion, brief and exhibits that center on Moak's arguments that Kennedy's business, NSIR Technologies, is indistinguishable in theory and concept from chiropractic and that the defendant "diagnoses and treats patients and holds herself out as a practitioner of chiropractic."
Those messages have been conveyed to the general public by way of Kennedy's Web site, her Yellow Pages advertisement under Chiropractic Physicians and in a public access television (PEGASYS) video she produced titled "Red Fuzion," which "clearly reveals that Defendant uses chiropractic techniques in order to perform so-called nerve signal interference removal," according to the filing.
Moak further argues Kennedy would not be irreparably harmed if her business is shut down - she can fulfill the requirements that the law provides for licensure as a chiropractic physician or for one of the other healing arts.
And a temporary injunction will promote the state's interest in protecting public health, safety and welfare, according to the filing.
Kennedy said Friday she was unaware of the filing and had not read it.
"I'm not technically a doctor," Kennedy said.
She also produced an e-mail copy of a letter she sent to Moak on Jan. 20 with the subject title, "Last offer for a peaceful compromise from Dr. Craton's granddaughter, Tammy Kennedy."
Kennedy argues in her e-mail that she is an authority of her grandfather's life's work and that she is willing for a $5 million compensation fee to educate the chiropractic institution "regarding my grandfather's research."
The 30-day window Kennedy allowed for a response to her offer ended at 12:01 a.m. Thursday.
Kennedy said she did not hear a reply to her request.
Her grandfather is the late Dr. Earl F. Craton, who studied chiropractic at Palmer College of Chiropractic in Davenport, Iowa, graduating with degrees in 1925. He received the Texas Chiropractic College's Centennial Award in 1995 and opened an office in Enid's newly built Broadway Tower in 1931.