U.S. Appeals Court rules in favor of tribal jurisdiction in Tulsa speeding ticket case

DENVER, Colo. — The U.S. Tenth Circuit Court of Appeals ruled in favor of tribal jurisdiction Wednesday in a case involving a Tulsa speeding ticket.

Hooper v. Tulsa looked at a speeding ticket Tulsa Police issued in 2018 to Justin Hooper.

The issue being appealed wasn’t really about the ticket itself, which Hooper actually paid at the time, but was focused on the issue of tribal jurisdiction.

Hooper is a member of the Choctaw Tribe and was pulled over in the Muscogee (Creek) Reservation.

The court ruled the City of Tulsa does not have jurisdiction over municipal violations made by tribal members.

The Muscogee Nation released this statement in response:

“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.”

Cherokee Principal Chief Chuck Hoskin Jr. released a statement after the ruling, as well, saying in part:

“We are pleased 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.”

Governor Stitt sent this response to our request for comment:

“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.”

The City of Tulsa also gave a short statement:

City Legal is reviewing the opinion and will be evaluating next steps. The City has no further comment at this time