Some Oklahoma towns still ticket tribal citizens, defying U.S. Supreme Court's McGirt ruling

Some Oklahoma towns still ticket tribal citizens, defying U.S. Supreme Court's McGirt ruling

By Staff, Cherokee411

HENRYETTA, Okla. (Aug. 14, 2025) – Several Oklahoma municipalities, including Henryetta and Tulsa, continue to issue traffic tickets and prosecute tribal citizens despite a U.S. Supreme Court decision affirming tribal jurisdiction over much of eastern Oklahoma, tribal officials and recent reporting say.

The Muscogee (Creek) Nation filed a lawsuit against Henryetta in 2025, alleging the city unlawfully prosecuted its citizens under municipal ordinances despite the McGirt v. Oklahoma decision. In response, on July 15, the Henryetta city council approved the hiring of outside legal counsel. City leaders declared that “all laws apply equally and fairly to everyone, regardless of race or ethnicity,” as stated by [Mayor/City spokesperson] Dickey. The city emphasized its commitment to equal justice—evoking the phrase “Equal Justice Under Law,” inscribed on the U.S. Supreme Court building.

Meanwhile, Tulsa had also been under legal pressure for prosecuting Native American residents for municipal violations within Muscogee reservation boundaries. The city had invoked the 1898 Curtis Act, which authorized municipalities within former Indian Territory to enforce ordinances and eliminated tribal courts, as justification.

A breakthrough came in June 2025, when newly elected Mayor Monroe Nichols signed an agreement with the Muscogee Nation to resolve the lawsuit. Tulsa agreed to dismiss over 400 ongoing cases involving tribal citizens and to transfer such violations—including traffic infractions—to tribal court. The city will also take steps to identify tribal citizens through “good‑faith efforts.”

Further, the agreement establishes an eight‑month working group comprising city and tribal representatives. The group will address outstanding issues such as revenue-sharing from ticket fines, police jurisdiction and pursuit policies, and cross-deputization of tribal and municipal law enforcement officers. Mayor Nichols described the agreement as “a starting place” for collaboration outside of litigation.

The McGirt v. Oklahoma ruling in July 2020 affirmed that much of eastern Oklahoma remains “Indian country” for purposes of criminal jurisdiction—preventing the state from prosecuting crimes involving Native Americans on tribal lands.

Since then, the Muscogee Nation and other tribal governments have challenged municipal enforcement actions targeting tribal citizens. The lawsuit against Tulsa stemmed from a February 2021 judicial determination that the city relied on the Curtis Act to validate municipal prosecutions of Native Americans in former reservation areas.

Despite McGirt, enforcement by cities like Henryetta and Tulsa continued unchecked, prompting tribes to resort to legal action to safeguard sovereignty and enforce treaty rights.

What's Next

Henryetta’s lawsuit remains active, with the city preparing its defense and maintaining its position on equal law application. The outcome hinges on whether courts will mandate enforcement realignment under McGirt.

In Tulsa, the settlement marks a shift toward reconciliation, emphasizing cooperation over conflict in addressing complex jurisdictional overlap.

The convened working group is expected to produce key policy recommendations in the coming months to govern traffic enforcement, policing, and inter-jurisdictional administration.

As Oklahoma navigates the post-McGirt legal landscape, these developments reflect evolving tribal–municipal relations and a broader effort to honor tribal sovereignty while preserving public safety and order.

Original article from https://www.readfrontier.org/ Image Brianna Bailey/The Frontier