TULSA, Okla. — Governor Stitt's brother, Marvin Keith Stitt, is fighting a $250 speeding ticket by arguing the City of Tulsa lacks jurisdiction because he was a tribal citizen on tribal land.
Similar cases, like Muscogee Creek Nation v. City of Tulsa, are working their way through the courts after the McGirt decision.
FACTS OF THE CASE
Keith was pulled over on Feb. 3, 2021, after a Tulsa police officer clocked his Range Rover going 78 mph in a 50 mph zone on Highway 75.
When the officer asked Keith for ID, he presented his driver's license and his Cherokee Nation tribal card.
According to court documents, Keith, while showing his tribal card to the officer, said, "Isn't this my get out of jail free card?"
- Previous coverage >>> Okfuskee County woman says "McGirt" ruling has failed her twice
The officer said he didn't need his tribal card as that "didn't have an effect on him." The officer scanned his state-issued driver's license and issued Stitt a ticket for speeding 16-20 mph over the speed limit.
GOING THROUGH THE COURTS
In municipal court, Keith challenged the city's jurisdiction using the McGirt decision and filed two motions to dismiss. Both were overruled, and the Municipal court said the city had jurisdiction under the Curtis Act of 1898.
This is when Stitt was convicted and given a $250 fine.
Stitt appealed this decision, sending the case to the Oklahoma Court of Criminal Appeals.
- Previous coverage >>> Muscogee Creek Nation sues Tulsa over prosecution of Native citizens
On April 2, federal attorneys filed an amicus brief in support of Stitt. The brief cited numerous previous decisions that support tribal jurisdiction on tribal land.
Because the alleged crime occurred in Muscogee Creek Nation territory, Keith argues only the tribe or the federal government can prosecute him.
GOV. STITT ON MCGIRT
Governor Kevin Stitt has long opposed the McGirt decision, saying it creates different standards based on race.
In Dec. 2023, the governor created the "One Oklahoma Task Force" aimed at clarifying jurisdictions in Oklahoma following the decision. The task force was created through an Executive Order.
The Five Tribes then declined to participate in the task force, saying in a joint statement that it's perpetuating falsehoods about the law.
"The Five Tribes cannot participate in an effort that spreads falsehoods about the law, attempts to minimize tribal voices, and engages in political attacks instead of constructive government-to-government dialogue," the tribes said in a statement.
Governor Stitt provided this statement:
“Public safety is at stake here. The Tulsa police need to be able to enforce the laws and keep their communities safe. Having no closure after the Hooper case, communities in eastern Oklahoma need assurance that there is one set of rules, regardless of race or heritage. The City of Tulsa is right. Their opposition is not. And maybe Keith shouldn’t speed.”
The Cherokee Nation, of which the Stitts are members, declined to comment at this time.
Stay in touch with us anytime, anywhere --
- Download our free app for Apple, Android and Kindle devices.
- Sign up for daily newsletters emailed to you
- Like us on Facebook
- Follow us on Instagram
- SUBSCRIBE on YouTube
