TULSA — Supporters of the McGirt decision are celebrating today. A U.S. circuit court has ruled in favor of a Tulsa man who got a speeding ticket in Tulsa, on tribal land.
He’s not appealing the ticket itself. His attorney, John Dunn, thinks Tulsa police had no right to give him the ticket in the first place.
This has drawn reaction from the Governor, local law enforcement and tribal nations.
This case has made it all the way up to the U.S. Circuit Court, where judges ruled in favor of Justin Hooper. Brodie Myers spoke with his lawyer today to get some more insight.
In the ruling – judges said quote “Mr hooper argues that once Tulsa reorganzied under Oklahoma law, section 14 no longer applied to the city. We agree.”
Section fourteen is part of the Curtis Act; passed in 1898.
Lawmakers intended the act to create a sort of agreement between tribal and city governments.
"You’re dealing with 120 years of history. I’m pleased that they felt it was cut and dry, but, it was not a slam dunk," Dunn said.
Lawyers for the City of Tulsa argued on grounds of the Curtis Act.
Judges ruled it no longer applies.
They said once Oklahoma became a state, the Curtis Act no longer applied.
Gov. Kevin Stitt said, “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.”
We asked Mr. Dunn how he would respond to Gov. Stitt.
"I would say Gov. Stitt doesn’t have a clue what the rule of law is. And the court said we don’t care about dire consequences, we care about what the law is, and that’s precisely what the rule of law is, and that’s what the outcome should have been," Dunn said.
We called the Governor's office. They said he wasn’t available for an interview.
McGirt was thought to apply to major crimes, but this ruling puts a focus on violations as simple as speeding.
Rogers County Sheriff Scott Walton is a tribal citizen. He’s not happy with Hooper's ruling.
"I couldn’t disagree with anybody on anything stronger than that," Walton said, "Somebody needs to better explain that to me. The law enforcement community wants to enforce the laws equally."
Dunn thinks everyone is better off. Especially in cases involving Native Americans, where the FBI and local law enforcement would be present.
"The FBI is going to be involved in doing the investigation, so you’re gonna have two great agencies, that are working to solve the crime, and to find who the bad guy is."
Below are full statements from Governor Stitt, the Choctaw Nation and the City of Tulsa.
Choctaw Nation Chief Gary Batton
“The court’s ruling today affirms what we already know: Under the McGirt decision, Indian people accused of crimes on reservations are subject to prosecution from the federal government or tribal courts, not states and cities,” he said. “We strongly believe in appropriate punishments for people who break the law, just as we believe it is important to maintain tribal sovereignty by respecting the U.S. Constitution and the laws passed by Congress.”
Governor Kevin Stitt
“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.”
City of Tulsa
City Legal is reviewing the opinion and will be evaluating next steps. The City has no further comment at this time.
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