Cherokee Nation Responds To Gov. Stitt's Latest Comments On Tribal Jurisdiction

Cherokee Nation leaders voiced their disagreement with comments made by Governor Kevin Stitt during his state of the state address at the Tulsa Regional Chamber on Thursday.

The governor criticized several tribes for their participation in a legal battle over whether the city of Tulsa could enforce speeding tickets against Native Americans.

Related Story: Tulsa v. Hooper Decision Brings More Questions About Tribal Jurisdiction In Tulsa

Governor Stitt said all people in Oklahoma should be under the authority of the state regardless of tribal status and that Oklahoma is at risk of losing millions of dollars in revenue.

"This isn't fair. We cannot have a state where a doctor who is part Indian doesn't pay taxes or get speeding tickets from Tulsa PD but a single mom of a different race does."

Cherokee Nation Chief Chuck Hoskin Junior says the Governor showed "blatant hostility toward tribal sovereignty" and is being dishonest about the facts of the case. He says the tribe has always been willing to share revenue from traffic tickets with cities like Tulsa.

Statement From Cherokee Nation Chief Chuck Hoskin Jr

"Today, while speaking at the Tulsa Regional Chamber of Commerce, Gov. Stitt again revealed his blatant hostility toward tribal sovereignty.

Gov. Stitt's shameful description of tribes simply exercising rights as sovereign nations dating back to before the founding of the United States as a 'storm of injustice' is breathtaking, even coming from him.

His attack on tribes included many falsehoods and inaccuracies regarding tribal reservations in eastern Oklahoma. Contrary to his claims, tribes were not disbanded in 1907 and did not volunteer to give away our reservations at statehood. Cherokee Nation, along with other tribal nations, has persisted, and today, we contribute mightily to the state's cultural and economic fabric.

The governor continues to be isolated in his 'geographic' fight for Oklahoma as the rest of Oklahoma's leaders and the state embrace tribes and the U.S. Supreme Court's McGirt decision.

Cherokee Nation will continue being a good partner protecting public safety, prosecuting those who commit crimes and helping our neighbors through contributions to schools, law enforcement and road improvements, which are areas that contribute to Oklahoma being a 'top 10 state.' The Cherokee Nation also continues to work with municipalities for them to retain traffic fines collected when Natives are pulled over for traffic violations, which is the center of the Hooper case.

The governor should set aside fabrications and strive to better and more accurately understand tribal history, Oklahoma history, sovereignty and the contributions of our state's tribal nations."

What Is The Tulsa V. Hooper Case About?

Hooper v. Tulsa is a case that started when a tribal citizen sued over his speeding ticket, saying the city doesn't have the authority to prosecute him. The case is one of the many lingering effects of the Supreme Court’s landmark 2020 decision that found that much of eastern Oklahoma, including Tulsa, remains an Indian reservation.

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

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. The Court of Appeals ruled that the Curtis Act no longer applies, meaning the City of Tulsa was not authorized to issue a speeding ticket to Hooper because he is a tribal citizen.

The Curtis Act of 1898 resulted in the weakening of tribal governments by "abolishing tribal courts and subjecting all persons in the territory to federal law."

In late June, Tulsa Mayor GT Bynum 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.

On July 27, The United State Supreme Court issued a stay on the Hooper v. City of Tulsa and then extended that stay on August 2nd while justices considered the case.

On August 4, the Supreme Court rejected the city of Tulsa’s request for a stay allowing the Court of Appeals decision to remain in place. The Supreme Court decision isn't the end of the case as the city can still appeal.

Related story: Supreme Court Denies Stay In Case Of City Of Tulsa v. Hooper

Can The City of Tulsa Issue Traffic Citations To Tribal Citizens?

The city of Tulsa says it's still going to enforce its ordinances against everyone regardless of tribal status.

Governor Kevin Stitt, who has been against the 10th Circuit's decision, claimed a partial victory, despite the Supreme Court rejecting the stay.

He says in part:

"“The Supreme Court, through Justice Kavanaugh’s statement, made clear today that the City of Tulsa and municipalities throughout the eastern half of Oklahoma can and must still apply their laws to everyone, Indians and non-Indians alike. The 10th Circuit’s decision isn’t final and doesn't change how we operate here in Oklahoma. Any statement to the contrary should be seen for what it is— a call to chaos. This is a victory for Oklahoma and the rule of law. I will not let eastern Oklahoma become a reservation.””

But the decision is the same decision made in June – no changes to the decision were made.

Cherokee Nation Attorney General Sarah Hill says Tulsa Police are cross-deputized and can still issue citations.

Currently, officers use ticket books for tribal citizens as opposed to electronic ticketing systems used for non-tribal citizens.

"It's certainly possible to get Cherokee Nation offenses loaded on their ticketing system. And that's something we've talked to the city about, how to get those loaded on there to make it a more seamless experience," Hill said.

She says a municipality agreement was extended to the city, which would allow tribal citizens to pay them at the city municipal court, but the city hasn’t accepted.

“All but $30 of the ticket would stay in the city of Tulsa. That $30 would go back to the tribe along with the ticket and then the ticket, if they pled guilty to the ticket and wanted to just pay it there at the city, they could do that," Hill said.

If the ticket were to be contested, that would still have to go to the tribal nations court.

The Muscogee Nation says it looks forward to working with city partners to protect public safety across its reservation.

News On 6 asked the city of Tulsa where the city stands on the municipality agreements extended by tribal nations. The city says its following statement stands without any further comments on the matter:

City of Tulsa's full statement:

Today, the United States Supreme Court issued its order on the City’s Application to Stay the Mandate in Hooper v. City of Tulsa. While the Court denied the emergency application for a stay, Justices Kavanaugh and Alito issued a statement. First, they said the issue of whether the City may enforce its municipal laws against Indians in Tulsa is an important question. Second, they indicated that the City could raise to the District Court new grounds for continuing to enforce its laws, based on a U.S. Supreme Court decision (Oklahoma v. Castro-Huerta) that was issued after the District Court heard the matter. Finally, the Justices stated that “nothing in the decision of the Court of Appeals prohibits the City from continuing to enforce its municipal laws against all persons, including Indians, as the litigation progresses."

As indicated by the Justices, the City will continue to seek clarification of these important legal issues with the District Court and, in the meantime, continue to enforce City ordinances against all persons within the City of Tulsa regardless of Indian status. We will also continue to work cooperatively with our tribal partners to protect the health and safety of our shared constituents.

Justice Kavanaugh's statement:

https://oklahoma.gov/content/dam/ok/en/governor/documents/23a73_gfbi.pdf

Supreme Court's ruling:

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23a73.html