TULSA, Okla. — A judge in the Northern District of Oklahoma dismissed the long and complicated lawsuit between Justin Hooper and the City of Tulsa on Dec. 15.
The case began when Hooper received a $150 traffic ticket from a Tulsa police officer, but since Hooper is a tribal member, he argued the ticket should be dismissed as only tribal police officers and federal officers have jurisdiction. This is based on the McGirt decision.
- Previous coverage >>> US Circuit Court rules in favor of Tulsa man
The City of Tulsa used Section 14 of the Curtis Act to claim it has jurisdiction for municipal violations within the city, regardless of who commits them.
The judge's ruling decided that Section 14 of the Curtis Act no longer applies to Tulsa and therefore, Tulsa no longer has jurisdiction over municipal violations committed by its Native residents.
The Tenth Circuit found that the Curtis Act was not operative and did not apply to the city of Tulsa.
"As far as the Curtis Act is concerned, that is over," said Hooper's attorney, John M. Dunn. "The city of Tulsa failed to continue the appeal to the U.S. Supreme Court, so the Tenth Circuit is the highest court that would rule upon that."
In response, the Muscogee Nation issued the following statement:
We applaud the decision of the court to uphold the law and dismiss this frivolous case. The parties behind these politically-driven cases are working to make our state less safe. The McGirt decision means more police, courts, and prosecutors working to keep our communities peaceful. Oklahomans deserve that. That is why we have been asking Congress to pass legislation to fully empower tribes to prosecute anyone who violates the law on our reservations, and to enhance the ability of the tribes to broaden their law enforcement capabilities within the reservations for all Oklahomans.
Chuck Hoskin Jr., Cherokee Nation Principal Chief, also shared a statement:
This summer, the 10th Circuit’s Hooper v City of Tulsa ruling upheld settled federal law, reaffirming that states and municipalities do not have criminal jurisdiction over tribal citizens on tribal land. The decision rejected attempts to upend these legal principles by turning to defunct, territorial provisions of the Curtis Act. With this case now dismissed, the Cherokee Nation continues to support collaborative approaches on public safety that respect rather than attack tribal sovereignty.
Tulsa Police are responding to a federal district court judge’s dismissal of a case involving a Tulsa tribal member and a speeding ticket. They released this statement saying in part:
"The City of Tulsa and Tulsa Police will continue to enforce all laws to all individuals within Tulsa as no person is immune from the law. The dismissal of one case, for one specific issue does not conclude the determination of jurisdictional authority, and there are other cases ongoing that will help further clarify jurisdictional authority in the future."
This is a developing story.
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