There are new developments in the civil lawsuit filed against the City of Tulsa by the Muscogee Nation.
In the 2023 case, the Muscogee Nation accused the City of Tulsa of violating state law by continuing to prosecute tribal citizens for violating municipal laws.
Oklahoma Governor Kevin Stitt said he’s filed a motion to intervene in the case to “protect the State’s interests and properly represent the City of Tulsa, and more broadly, the State of Oklahoma.”
The motion reads, in part, “This lawsuit squarely challenges the State and its political subdivisions’ sovereign right to exercise criminal jurisdiction within the State’s territory. The State has a direct and substantial interest in protecting its sovereign right to exercise ordinary police powers through prosecution of criminal offenses. As the Supreme Court has long recognized: “No one questions that States possess ‘a legitimate interest in the continued enforce[ment] of [their] own statutes.’”… The absence of the State here will, as a practical matter, impair or impede the State’s sovereign interest in enforcing its laws, using its police powers, and protecting its citizens, as well as the Governor’s particular interest in upholding the laws of the State.”
Tulsa Mayor Monroe Nichols released the following statement in response to the governor’s motion.
“Our commitment to public safety has not changed. It is my belief that we can strike the balance of respecting the sovereignty of tribal nations and make Tulsa a safe city where those who violate the law are held accountable. In my view, a prolonged court battle is not the best way to achieve those goals. I’ve served the State of Oklahoma since 2016 as an elected official in the Oklahoma House of Representatives and now as mayor. In both roles, I swore an oath to defend the interests of the people of Oklahoma. As the largest city in the country situated wholly on Indian Reservation, I genuinely believe the best thing for the City of Tulsa is to partner with our tribal governments. As the home of 39 federally recognized tribes, I believe it is the best way forward for the State as well; the governor sees it differently, which is his prerogative.” Mayor Nichols said.
Muscogee Nation Principal Chief David Hill also responded to the governor’s action.
“The Nation’s legal team has informed me that the federal court has granted additional time for the Nation and the City of Tulsa to complete ongoing settlement negotiations in our 2023 lawsuit concerning the prosecution of Indians within the Nation’s Reservation. I am proud to share that, under the leadership of Tulsa Mayor Monroe Nichols the Nation and the City have made significant progress working together on matters of mutual interest, including meaningful steps toward resolving this case.
However, I was also informed that, despite the case being pending since 2023, Governor Stitt has now filed a last-minute motion seeking to intervene—claiming the State has an interest in the matter. Unfortunately, this is yet another attempt by the Governor to undermine the Nation’s sovereignty and disrupt the Nation’s efforts to build cooperative, government-to-government solutions with our municipal partners.
The Nation’s legal team will carefully review the Governor’s eleventh-hour attempt to interfere with our progress and will file the appropriate objections to protect the Nation’s sovereign rights and the public safety of all who reside within our reservation.” Chief Hill said.