Supreme Court strikes down Tulsa officials’ request over speeding fines for Native Americans: report

04 August 2023

The Supreme Court of the United States (SCOTUS) Friday opted not to strike down a lower court ruling that would prohibit Tulsa, Oklahoma officials from imposing city fines, such as speeding tickets, on Native American citizens, CNN reports.

CNN reports:

The case began in 2018 when Justin Hooper, a member of the Choctaw nation, was ticketed for a speeding violation in the City of Tulsa. He paid the fine, but after the Supreme Court issued a 2020 opinion called McGirt v. Oklahoma, he returned to court seeking post-conviction relief.

He noted the justices found that the Muscogee Reservation had never been formally disestablished, which meant that large swaths of the state were still Native country. Hooper's lawyers argued that the municipal court lacked jurisdiction over his offense because the crime was committed by a Native American in Native country.

"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," Justice Brett Kavanaugh wrote, according to the report.

The state's Republican Governor Kevin Stitt denounced the lower court's ruling as "devastating," saying "We must operate under one set of rules, regardless of face, heritage or background, and cannot allow Tulsa and much of the rest of eastern Oklahoma to be turned into a reservation."

City of Tulsa attorneys responded to the ruling in a statement saying, "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."

They added, Tulsa "will also continue to work cooperatively with our tribal partners to protect the health and safety of our shared constituents."

The attorneys, according to CNN, "urged the Supreme Court to put the decision by the US Court of Appeals for the 10th Circuit on hold because it creates a 'potentially dangerous situation for the citizens of Tulsa and other similar municipalities,'" adding, "Inhabitants of these cities are now subject to areas where the laws enacted for the protection of the health and safety of its residents are only enforceable by the City against some citizens but not others. Perceived lack of Municipal Court jurisdiction has already caused Indian residents to challenge and confront Tulsa police officers at traffic stops."

CNN's full report is available at this link.

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