Federal Appeals Court Issues Ruling On Traffic Laws On Tribal Lands

A federal appeals court said the City of Tulsa does not have the authority to fine Native Americans who break traffic laws on tribal land.

The 10th Circuit ruling means right now, cities in Oklahoma cannot exercise traffic jurisdiction over Tribal Citizens.

Wednesday's ruling on Hooper v. Tulsa gives a bit of clarity about law enforcement jurisdiction.

Attorney John Dunn represented Justin Hooper and challenged the city of Tulsa over whether it had the authority based on 1898's “Curtis Act" to issue a speeding citation for Hooper, who is a tribal citizen.

Hooper paid the fine for the 2018 citation, but challenged it following the Supreme Court's 2020 ruling on tribal jurisdiction.

The court ruled the Curtis Act no longer applies.

"Congress is honoring the word that he gave to the tribes that the tribes are having or exercise its sovereignty over their citizens, and that the law is being followed,” Dunn said.

Dunn said this could be cleared up if all officers cross-deputized with tribal nations, essentially giving them the authority to issue citations within reservations they work in.

He said Tulsa Police do not currently have that authority.

Governor Kevin Stitt said he is hopeful the US Supreme Court will overturn the decision in a statement he says in part: “I am extremely disappointed and disheartened by the decision made by the Tenth Circuit to undermine the City of Tulsa and the impact it would have on their ability to enforce laws within their municipality.”

Stitt continues, "if your city government cannot enforce something as simple as a traffic violation, there will be no rule of law in eastern Oklahoma.”

"I believe that the things that he is concerned about are imaginary,” Dunn said. "Certainly, those citizens have a right to expect that the law will be followed and those promises would be honored."

The City of Tulsa said its legal team is reviewing the opinion and will evaluate its next steps.