Tulsa mayor proposes solution to resolve litigation with tribes
Nov. 4—Tulsa Mayor G.T. Bynum said he hopes to work with tribal leaders of the three reservations that intersect his city over the next year to find solutions to legal issues that have been wrapped up in litigation since 2020.
"This is a challenge because the city is the least empowered to do this, but Congress has failed to do anything and our state government is fixated on litigation," Bynum said Thursday during his annual State of the City. "I have spent three years waiting for them to do something, and they haven't. So we are going to do as much as we can on our own."
Bynum's speech comes after a federal appeals court in June said the city of Tulsa did not have jurisdiction to ticket Native Americans for municipal violations following the U.S. Supreme Court's 2020 ruling in McGirt v. Oklahoma.
The case was argued in front of the Tenth Circuit Court of Appeals 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 argued it had 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.
A municipal judge for the city of Tulsa and the Northern District of Oklahoma agreed with the city's argument and denied Hooper's motion before the federal appeals court reversed the decision.
"Tulsa exists in the Muscogee Creek, Cherokee, and Osage reservations," Bynum said. "The Supreme Court has settled this not once but twice in recent years. I respect the decision, and honestly am excited that we can be part of those reservations."
Bynum said the decisions have thrown all systems of government interaction that have been in place since statehood "into confusion."
His "dream for the year ahead" is that Muscogee Nation Principal Chief David Hill, Cherokee Nation Principal Chief Chuck Hosken Jr., and Osage Principal Chief Geoffrey Standing Bear and Bynum "can go out and tell the world that we've identified a path forward, and that Tulsa will become the center of Native American excellence for the whole world in the 21st Century."
"We are now the largest city in a reservation in America, so let's celebrate that. Let's make it a benefit rather than acting like it is a problem," Bynum said.
Bynum gave the example of tribes' lack of zoning, building and electrical codes and how it would be dangerous if the laws only applied to some people and not others.
The mayor also said the city's municipal codes should be an asset to the tribes "as it is to the state of Oklahoma."
"I believe the best way for us to resolve all of this is for the tribal nations to recognize the City of Tulsa as part of their nations — the same way the State of Oklahoma recognizes us," Bynum said. "The State of Oklahoma delegates self-government to the City of Tulsa on any issue they don't claim for themselves. If the tribal nations would be willing to do the same, we could move beyond the litigation that has been a source of antagonism for the last three years and shift our focus to building that international center of Native American excellence right here."
Bynum said if that framework could be made, then the city would be "out of the business" of litigating against the tribes and would be focused on collaborative efforts that would benefit future Tulsans.
Hoskin said he was encouraged by Bynum's speech and said both Tulsa and his tribe want the same outcomes.
"Protecting the public, helping victims of crimes, providing justice for those who offend, and serving our citizens as good friends and neighbors," Hoskin said in a release. "We thank the mayor for recognizing our tribal reservation and committing to work alongside us."
