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Muscogee Nation, Tulsa weigh potential settlement in federal lawsuit

Jon Grogan
/
Unsplash

The federal lawsuit, Muscogee Creek Nation v. City of Tulsa, was filed in November and stems from a traffic ticket issued by the city to a Muscogee citizen.

The tribe, which covers 67% of the city, argued the landmark McGirt v. Oklahoma decision gave it exclusive jurisdiction over its members living within Tulsa.

City officials disagreed, saying some crimes, such as traffic violations, within city limits could still be handled by Tulsa law enforcement.

Tulsa’s new mayor Monroe Nichols is now making efforts to conduct good-faith negotiations with the tribe.

“The City of Tulsa and our tribal partners have been meeting frequently since I took office earlier this month, and our respective teams are working together on a path forward,” Nichols’ said in a statement. “The City of Tulsa remains committed to co-governing with the Cherokee, Muscogee Creek, and Osage nations to create a strong direction for our governments and Tulsa collectively.”

Nichols ran his campaign on co-governing with the tribal nations in Tulsa. Those tribes are the Muscogee, Cherokee and Osage Nations.

Muscogee Nation Chief David Hill said he looks forward to this new chapter in tribal-city relations.

“With Mayor Nichols’ election, the city of Tulsa has shown a desire to shift from confrontation to collaboration and respect for the Muscogee Nation’s sovereignty,” Hill said in a statement to the Tulsa World. “The Nation welcomes this development and, as with all jurisdictions within its Reservation, is willing to invest significant time and energy in forging a collaborative path with Tulsa that will enhance the safety, health and welfare of non-Indians and Indians alike within the Nation’s borders.”

This isn’t the first jurisdiction argument involving Tulsa and a tribal nation to appear before a court. Last year, Choctaw citizen Justin Hooper sued the city of Tulsa for a traffic violation. A federal judge dismissed the case in favor of Hooper.

But courts haven’t always agreed on the issue. Earlier this month, the Oklahoma Criminal Court of Appeals heard a case involving an Osage citizen who received a citation from the city. The court ruled in favor of Tulsa.

A federal judge has suspended the Muscogee lawsuit for 30 days to allow both parties time for negotiations.

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Katie Hallum (ᏧᏟ) covers Indigenous Affairs at KOSU.
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