10th Circuit Decision to Uphold Tribal Sovereignty Applauded By Oklahoma Tribes

Oklahoma tribes are celebrating a ruling by the Tenth Circuit Court of Appeals in Denver, which overturned a lower court's decision in the Hooper v. The City of Tulsa case. This case involved a speeding ticket issued to Justin Hooper, a citizen of the Choctaw Nation living in Tulsa, in 2018.

The legal challenge came in 2020, following the Supreme Court's McGirt v. Oklahoma decision, which affirmed that a large area of northeastern Oklahoma is still an Indian reservation. Hooper argued that because the Muscogee Reservation was never disestablished, the City of Tulsa lacked the authority to prosecute him as a tribal citizen. While the Tulsa Municipal Court and a U.S. District Court initially sided with the city, the Tenth Circuit Court reversed their decisions. The court's ruling stated, “Mr. Hooper argues that once Tulsa reorganized under Oklahoma law, Section 14 no longer applied to the city. We agree.”

Tribes in Oklahoma were pleased with the ruling, viewing the case as a potential threat to their sovereignty.

Muscogee (Creek) Nation Principal Chief David Hill expressed his satisfaction, saying,

“We’re pleased to see that the 10th Circuit has applied the correct rule of law concerning the questions before it regarding the Curtis Act. We can now move forward, expand resources and continue to flourish together with our partners rather than wasting anymore time challenging the sovereign rights of tribes.”

Cherokee Nation Principal Chief Chuck Hoskin, Jr. also commented, “We are pleased with today’s decision in Hooper v. Tulsa, the 10th Circuit upheld tribal sovereignty and settled federal law – reaffirming that states and municipalities do not have criminal jurisdiction over Indians in Indian country... As tribes continue to prioritize tangible solutions to protect public safety on our reservations, we hope we can now move forward. We again encourage all state officials to join the cooperative efforts to promote public safety on behalf of all Oklahomans.”

However, Oklahoma Governor Kevin Stitt, a Cherokee Nation citizen, had a different reaction.

Governor Kevin Stitt voiced his disappointment, stating, “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... This is just the beginning. It is plain and simple, there cannot be a different set of rules for people solely based on race. I am hopeful that the United States Supreme Court will rectify this injustice, and the City of Tulsa can rest assured my office will continue to support them as we fight for equality for all Oklahomans, regardless of race or heritage.”

In a strong response on Twitter, Chief Hill of the Muscogee (Creek) Nation directly addressed the Governor's remarks.

“It’s unclear to me whether the Governor’s remarks are born of intentional dishonesty or an inexcusable ignorance of the laws. But either way, he should be ashamed. The people of Oklahoma deserve better... Race has nothing to do with this. There is no law that Tusla PD can’t enforce. That’s the part Stitt keeps ignoring as he perpetuates needless attacks on tribes—more is more. The city of Tulsa and the MCN have been working together under a cross deputization agreement since 2006. The sky is not falling... When tribes are empowered and municipal partners work with us, communities are safer,” he said.