Judge Dismisses Hooper V. Tulsa; City Cannot Enforce Traffic Tickets Against Tribal Member

A federal judge dismissed the complex case involving Tulsa traffic tickets and tribal sovereignty

This means, for now, the city of Tulsa cannot enforce traffic tickets against Native American citizens though traffic tickets can be enforced through tribal court.

The case started when Justin Hooper, a Muscogee Nation Citizen, sued the City of Tulsa, arguing the ticket he was given, was invalid because of the US Supreme Court's McGirt decision which reaffirmed tribal jurisdiction.

The lawsuit has been heard by several different courts and has now been dismissed after being returned to the US District Court for the Northern District of Oklahoma.

The judge's order says "Tulsa no longer has jurisdiction over municipal violations committed by its Indian inhabitants."

Hooper's original claim has also been dismissed but since it was dismissed "without prejudice" he could sue again.

The Muscogee Nation released the following statement about the dismissal.

"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."

Cherokee Nation Principal Chief Chuck Hoskin Jr. also issued a statement saying that his nation wants to find a collaborative way to solve these issues.

"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."

Previous Stories:

Tulsa v. Hooper Decision Brings More Questions About Tribal Jurisdiction In Tulsa

Supreme Court Denies Stay In Case Of City Of Tulsa V. Hooper