Tulsa asks for dismissal of lawsuit filed by tribe

Dec. 16—Attorneys for the city of Tulsa are asking a federal judge to dismiss or stay a lawsuit filed by the Muscogee (Creek) Nation regarding the ticketing of Native Americans due to similar cases currently in litigation that could make the lawsuit moot.

The eastern Oklahoma tribal nation filed a lawsuit in the Northen District of Oklahoma in November claiming the city of Tulsa "is deliberately and unlawfully prosecuting tribal citizens for conduct occurring within the Nation's Reservation boundaries despite the U.S. Supreme Court's ruling in McGirt v. Oklahoma."

Tulsa maintains it has the authority to prosecute municipal violations committed by Native Americans through Section 14 of the Curtis Act, a law from 1898 that predates Oklahoma's statehood despite the United States Court of Appeals for the Tenth Circuit ruling in Hooper v. Tulsa the city does not have the authority.

The case began after Justin Hooper, a member of the Choctaw Nation, was fined $150 for a traffic violation in 2018 by the Tulsa Police Department. Hooper filed for post-conviction relief following the decision in McGirt v. Oklahoma recognizing the Muscogee (Creek) Nation was never disestablished and the state of Oklahoma did not have criminal jurisdiction over crimes committed by Native Americans.

The city is asking for the lawsuit to be dismissed because the case interferes with "pending Oklahoma Court of Criminal Appeals proceedings where a decision is imminent" and gave three examples of cases currently pending with OCCA.

One such case involves Oklahoma Gov. Kevin Stitt's brother, Marvin Stitt, who was ticketed for aggravated speeding in 2021 by the Tulsa Police Department. Similar to Hooper, a municipal judge denied the motion to dismiss the speeding ticket with attorneys filing an appeal with OCCA that is now awaiting decision.

"This Court should dismiss the claims and requested relief against all parties under the abstention and Colorado River doctrines because there are presently numerous other lawsuits pending on this same question that could render this case moot once decided," Tulsa argues. "In the alternative, this case should be stayed pending the OCCA's decision in Stitt which would be instructive, if not decisive on this case."

The tribal nation said in a statement after the filing it agreed with Tulsa Mayor G.T. Bynum's statement made during his State of the City speech in November saying litigation was not the preferable means to resolve the issues.

"The Nation fully agrees; however, Tulsa is presently asserting criminal jurisdiction over individual Indians in the state and municipal courts, and aggressively so, notwithstanding clear and binding precedent against its practices," the tribal nation states. "Tulsa cannot reasonably expect the Nation to stay on the sidelines while Tulsa attacks its sovereignty within the Nation's Reservation in cases to which the Nation is not even a party."

A hearing on the matter was not scheduled as of Friday.