High-profile case challenging Tulsa's right to ticket Native Americans closed

A high-profile federal court case involving Tulsa’s attempts to prosecute tribal citizens for traffic offenses came to a close Friday, but the bigger legal dispute over jurisdiction on tribal reservations is far from over.

Federal law grants tribal and federal courts jurisdiction over criminal offenses involving Native Americans on reservations. Tulsa lies within the Muscogee and Cherokee reservations. But city officials have contended Tulsa’s municipal court still has the power to prosecute Native Americans.

A Choctaw citizen, Justin Hooper, challenged the city's refusal to drop his traffic ticket in federal court. The 10th Circuit Court of Appeals ruled against Tulsa in June.

Now, a federal district court judge has closed the case, citing the higher court ruling and declaring the city lacks the jurisdiction it claimed.

Attorneys for the city of Tulsa had specifically argued that an 1898 law called the Curtis Act gave the city power to prosecute all citizens. But the 10th Circuit Court of appeals ruled the law no longer applies.

Because of that, the federal court no longer has a place in the dispute, according to the dismissal order handed down Friday by U.S. District Judge William Johnson.

More: U.S. Supreme Court denies Tulsa's request to halt ticket ruling

Johnson noted in his order that the city’s lawyers had asked him to keep the case open so the court could consider different legal arguments based on the 2022 Supreme Court decision in Oklahoma v. Castro-Huerta.

The Supreme Court ruled in that case that states can prosecute criminal cases involving Native American victims on tribal reservations, but did not address cases involving Native American defendants.

“The Tenth Circuit chose not to address Castro-Huerta in its decision, and this court similarly declines to address it,” Johnson wrote in his order.

He said the “proper venue” for the city to make those arguments would be the Muscogee Nation’s ongoing lawsuit against the city of Tulsa.

Michelle Brooks, a spokesperson for the city, declined to comment on Friday’s developments because of the pending cases.

Hooper’s attorney, John Dunn, said he is still evaluating next steps in municipal court.

In its lawsuit filed last month, the Muscogee Nation contends the city has continued to ticket and prosecute Native Americans even after the 10th Circuit Court ruling.

The city filed a motion to dismiss the suit on Dec. 8, arguing that questions over jurisdiction remain unsettled.

Gov. Kevin Stitt, who has criticized the recognition of tribal reservations, has backed the city of Tulsa. He published a video message in July warning of the potential fallout of the case. He also shared an image on social media of a fake road sign that listed a higher speed limit for tribal citizens.

Molly Young covers Indigenous affairs. Reach her at mollyyoung@gannett.com or 405-347-3534.

This article originally appeared on Oklahoman: Legal dispute continues over Tulsa's right to prosecute tribal citizens