A federal appeals court has ruled that Tulsa lacks the authority to prosecute a Native American man cited for speeding, asserting that the city falls within the boundaries of an Indian reservation. This decision overturns lower court rulings and hinges on the 2020 Supreme Court's McGirt v. Oklahoma decision, which affirmed much of eastern Oklahoma, including Tulsa, as Native American territory.

The case originated in 2018 when Justin Hooper, a Choctaw Nation citizen, received a speeding ticket from Tulsa police. While he initially paid the fine, he later challenged the city's jurisdiction following the McGirt ruling. The 10th U.S. Circuit Court of Appeals sided with Hooper, rejecting Tulsa's argument based on the 1898 Curtis Act. This act, predating Oklahoma's statehood, was claimed by the city to grant jurisdiction over municipal violations by Native Americans.

Oklahoma Governor Kevin Stitt, a Cherokee Nation citizen, expressed strong disapproval of the ruling, arguing it undermines the rule of law. He emphasized the need for consistent legal application regardless of race. However, Muscogee (Creek) Nation Principal Chief David Hill criticized Stitt's response, attributing it to either deliberate misrepresentation or a lack of legal understanding. Hill clarified that the issue is not about race but about respecting tribal sovereignty.

Interestingly, Governor Stitt's brother also contested Tulsa's jurisdiction in a similar speeding ticket incident in 2021, leveraging his tribal citizenship. Legal experts suggest a straightforward solution: intergovernmental agreements between Tulsa and the tribal nations, similar to those already in place in other eastern Oklahoma municipalities.

These agreements would redirect a portion of the ticket revenue, typically allocated to the state, to the respective tribal nation. Cherokee Nation Attorney General Sara Hill pointed out that such agreements are already common and allow cities to retain a portion of the revenue. Attorney John Dunn, who represented Hooper, explained that implementing these agreements would involve using designated ticket books for tribal members and forwarding legal matters to tribal judges.

Tulsa officials are currently reviewing the court's decision and haven't yet indicated whether they will pursue agreements with the Muscogee (Creek) and Cherokee nations.