Federal judge dismisses Tulsa ticketing jurisdiction suit

Kaylee Douglas/KFOR
·2 min read
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TULSA, Okla. (KFOR) – A judge in the Northern District of Oklahoma dismissed a lawsuit debating the City of Tulsa’s jurisdiction over Natives in Indian Country on Friday.

Justin Hooper, a citizen of the Choctaw Nation, was cited for speeding in 2018 by Tulsa Police in a part of the city within the historic boundaries of the Muscogee (Creek) Nation.

He paid a $150 fine for the ticket, but filed a lawsuit after the Supreme Court’s ruling in McGirt v. Oklahoma.

Hooper argued that the city did not have jurisdiction because his offense was committed by a Native American in Indian Country.

The City of Tulsa argued Section 14 of the Curtis Act allows them such authority.

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A municipal court and a federal district court judge both sided with the city, but a three-judge panel of the 10th U.S. Circuit Court of Appeals reversed the lower court’s decision in June, saying the city does not have authority to prosecute crimes committed by or against tribal citizens while they are within the boundaries of reservation land.

The City of Tulsa asked the Supreme Court to grant a stay while the case continued in court. It was temporarily granted in July, but the stay was rescinded a week later.

The Muscogee (Creek) Nation filed a lawsuit against the City of Tulsa in November for allegedly continuing to issue traffic citations to tribal citizens within reservation boundaries.

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Now, a federal judge has dismissed the case without prejudice, saying Section 14 of the Curtis Act no longer applies to the City of Tulsa, and therefore, the city does not have jurisdiction.

The Muscogee Nation released a statement following the ruling:

We applaud the decision of the court to uphold the law and dismiss this frivolous case. The parties behind these politically-driven cases are working to make our state less safe. The McGirt decision means more police, courts, and prosecutors working to keep our communities peaceful. Oklahomans deserve that. That is why we have been asking Congress to pass legislation to fully empower tribes to prosecute anyone who violates the law on our reservations, and to enhance the ability of the tribes to broaden their law enforcement capabilities within the reservations for all Oklahomans.

Muscogee (Creek) Nation Principal Chief David W. Hill

The City of Tulsa told KFOR, “This is one of several cases currently pending in state and federal courts to address the same issues, so the City of Tulsa has no further comment.”

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