Tulsa Mayor Requests Supreme Court Hearing On Traffic Law Enforcement For Tribal Citizens

Tulsa Mayor GT Bynum has authorized city attorneys to request a Supreme Court hearing over Hooper v. Tulsa, to determine who has the authority to prosecute traffic laws on tribal land within the city.

Related Story: Federal Appeals Court Issues Ruling On Traffic Laws On Tribal Lands

This week the 10th Circuit federal appeals court said the City of Tulsa does not have the authority to fine Native Americans who break traffic laws on tribal land. In a Facebook, post-Bynum said that he respects the sovereignty of the tribal nations, the United States, and the State of Oklahoma but that more legal clarity is needed to work together in the best interests of everyone in the city.

"Over the last few years, the City of Tulsa has been seeking clarity on a seemingly basic issue: do city ordinances apply to everyone in Tulsa? The City’s attorneys interpret federal law to say they do, and the federal district court agreed with them. Attorneys for a tribal citizen disagree, and the federal court of appeals agreed with them. This leaves us one last venue to clear it up: the United States Supreme Court."

See Mayor Bynum's Full Statement Below:

Imagine something you assumed to be true for over 100 years turned out not to be the case. That’s what Tulsa has been dealing with since the U.S. Supreme Court informed us in the summer of 2020 that we reside in the Muscogee and Cherokee reservations.

This is a good thing. Tulsa would not exist if it weren’t for the Muscogee Creek Nation, and our culture as a city is defined by the three tribal nations that intersect in Downtown Tulsa. I am proud that we reside in the Cherokee, Creek, and Osage Nations.

But it is also a big change. Tulsa went from not knowing we were in a reservation at all to being the largest American city within a reservation. The McGirt decision brought into question many of the foundations of our systems of government. Criminal justice, land use regulations, taxation, and more - how are tribal and non-tribal citizens treated within these frameworks that we have historically relied upon to create stability within our community? Do one set of laws apply to you and a different set of laws apply to your neighbor?

When the Supreme Court issued their ruling, there was an implication that Congress would act to clean all of this up. Three years have gone by and Congress has failed to do anything. This has left the tribal nations, the State of Oklahoma, and the City of Tulsa to pursue clarity around these questions through the other mediator at our disposal: the courts.

Over the last few years, the City of Tulsa has been seeking clarity on a seemingly basic issue: do city ordinances apply to everyone in Tulsa? The City’s attorneys interpret federal law to say they do, and the federal district court agreed with them. Attorneys for a tribal citizen disagree, and the federal court of appeals agreed with them. This leaves us one last venue to clear it up: the United States Supreme Court.

Today I have authorized our attorneys to request that the United States Supreme Court hear this case and give all parties clarity so we can move forward. As we have with their other rulings, we will honor whatever the courts decide. But we need to know what federal law allows.

At the same time, I think it is important that we move beyond this legal back and forth. It is bad for everyone involved for us to continue relying on litigation to clear up these issues. All of this will be cleared up over time, but the sooner it is the sooner we can all be working together. And I am confident that when the tribal nations, Oklahoma, and Tulsa are all working together no one can stop us.

To that end, we are already in contact with our overlapping tribal governments to establish operating practices that will guide the work of our governments moving forward. I do not subscribe to the opinions elevated by some that tribal nations want to make Tulsa a more dangerous place. Quite the opposite. I have the highest respect for the governments of the Muscogee Creek, Cherokee, and Osage Nations. I am hopeful we can find common ground that best serves all Tulsans.

I respect the sovereignty of our tribal nations, as I respect the sovereignty of the United States of America and the State of Oklahoma. I want us to do the right thing here in Tulsa. That requires legal clarity and a desire to work together in the best interests of the people we serve. I am committed to both.