TULSA, Okla. — The Tenth Circuit Court of Appeals reverses the district of Tulsa's ruling on the Hooper v. The City of Tulsa case Wednesday.
Justin Hooper is a tribal member of the Choctaw Nation living in Tulsa. The case is over a speeding ticket given by Tulsa police which Hooper paid the $150 fine to Tulsa Municipal Criminal Court in 2018. Hooper applied for post-conviction relief as he questioned the jurisdiction of the Tulsa police due to his tribal status.
The Tulsa Municipal Court denied Hooper's request citing an 1898 statute that allows Tulsa municipality to have authority and jurisdiction over tribal land. Hooper claims that the Supreme Court's decision in McGirt v. Oklahoma says that the Muscogee Reservation was never disestablished allowing him to have native protections.
After the denied request the case went to the Tenth Circuit where they reversed the district court's decision favoring Hooper.
Oklahoma Nations celebrate the court's decision.
Muscogee Nation applauds the decision:
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.
Chief Hoskin of the Cherokee Nation said:
We are pleased that 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. The court successfully denied attempts to circumvent these principles by turning to defunct, territorial provisions of the Curtis Act.
The Supreme Court has repeatedly affirmed the existence of our reservations. 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.
Oklahoma officials are not pleased with the decision saying that it undermines the City of Tulsa's jurisdiction. Governor Kevin Stitt said he is not surprised by the ruling.
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. However, I am not surprised as this is exactly what I have been warning Oklahomans about for the past three years. Citizens of Tulsa, if your city government cannot enforce something as simple as a traffic violation, there will be no rule of law in eastern Oklahoma. 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.
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