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

The Supreme Court rejects the city of Tulsa’s request for a stay in a case that could have widespread impact on tribal jurisdiction.

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

Hooper v. Tulsa is a case that started when a tribal citizen sued over his speeding ticket, saying the city doesn't have authority to prosecute him.

Today's ruling by the Supreme Court isn't the end of the case, and the city can still appeal.

The city 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, is claiming a partial victory, despite the Supreme Court rejecting the stay.

He says in part:

"The Supreme Court made clear today that the City of Tulsa and municipalities throughout the eastern half of Oklahoma can and must apply their laws to everyone...”

But the decision today 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

Governor Kevin Stitt’s full statement:

“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.”