TULSA, Okla. – The Muscogee (Creek) Nation reached a settlement agreement in Muscogee (Creek) Nation v. City of Tulsa. The settlement’s terms were announced on June 25 in a press conference held at Council Oak Park. The lawsuit emerged from jurisdictional issues regarding the MCN’s sovereign authority to prosecute Tribal citizens that commit crimes on the Mvskoke Reservation. The settlement secures that MCN can prosecute Native American citizens of federally-recognized tribes who commit crimes in areas of the City of Tulsa that are on the Mvskoke Reservation.
According to a release from the City of Tulsa, key agreements from the settlement ensure Tribal sovereignty and ensure that violent crimes are passed to the U.S. Attorney’s Office. It allows Tulsa Police to enforce local laws, including traffic stops, regardless of Tribal citizenship status. This means that although citizens of Tribal Nations can be pulled over by City of Tulsa police officers, their case will be sent to the MCN District Court for prosecution if the crime occured on the Mvskoke Reservation.
According to the settlement, Tribal citizens do not follow a different set of rules. It explicitly acknowledges that the MCN’s boundaries were never disestablished, per the 2020 McGirt v. Oklahoma decision.
The settlement further acknowledges that the city will make a good faith effort to determine the Tribal citizenship status of all suspects they are seeking to exercise criminal jurisdiction over. Moving forward, all future charges and tickets issued to Tribal citizens in the City of Tulsa on the Mvskoke Reservation will also be referred to the MCN. The City of Tulsa will not seek to prosecute future crimes committed by Tribal citizens on the Mvskoke Reservation. State and federal cases are not included as part of the settlement agreement.
The suit was originally filed on October 28, 2023 in response to Hooper v. Tulsa and O’Brien v. Tulsa. Both lawsuits involved Tribal citizens who committed misdemeanor crimes on the Mvskoke Reservation but were prosecuted in Tulsa County District Court. In a unanimous vote at the June 30 Regular Session meeting, the MCN National Council approved the terms of the settlement agreement with the adoption of Tribal Resolution 25-052.
Tribal Nation Leaders, Oklahoma State Leaders and City Leaders React
MCN Principal Chief David Hill applauded the settlement agreement and remarked that he is proud of the partnership the tribe has built with the city over the past year. Chief Hill’s statement reads:
As we get closer to next month’s five-year anniversary of the Supreme Court’s monumental McGirt decision, I am reminded and find myself very proud of the significant strides the Nation has made to increase its law enforcement and judicial capabilities to meet the demands necessary for responsible governance of our Reservation. These efforts by the Nation to provide robust public safety priorities in our communities are enhanced when we are able to work closely in cooperation with state and local agency partners. Today, a clear example of this partnership has been realized by the settlement reached between the Nation and the City of Tulsa regarding the exercise of criminal jurisdiction within city limits on the Reservation. I applaud and appreciate the vision of Mayor Nichols in advocating a policy for reaching solutions with Tribes–rather than litigating–on these issues of mutual importance for citizens and visitors in Tulsa, both Indian and non-Indian alike. While the Nation and Tulsa have reached a settlement today, I know that the real work for implementing the terms of this collaboration is just beginning. However, I look forward to working with Mayor Nichols and his team as we show the rest of the state what responsible and respectful co-governance on the Reservation can look like.
City of Tulsa Mayor Monroe Nichols also praised the settlement agreement and the partnership formed with the MCN. His statement reads,
First, I want to thank Principal Chief David Hill and the Muscogee Nation for entrusting us with the work ahead and for the good faith efforts in creating a path forward that has not been accomplished in more than five years. The collaboration and communication between our governments has been tremendous, and I look forward to our next step in this process. As mayor, I pledged to make Tulsa the safest big city in the country and to co-govern with our tribal partners. Today, with this agreement, we are establishing systems to ensure that we move forward on both of those pledges with a solid framework. Our city can only benefit if we collaborate and approach our work together rather than individually. We are stronger together, and we can show the nation how municipalities and tribal governments can work together to create better outcomes for all our residents.
Nichols was elected to office in December 2024 while the city was in litigation with the Nation. During his campaign, one of Nichol’s main goals has been collaboration with Tribal partners.
Tulsa District Attorney Steve Kunzweiler believes the settlement undermines the city’s authority to prosecute anyone who commits a crime in Tulsa County. His statement reads:
Why would the Tulsa mayor’s office choose to undermine a right it fought so hard to establish for the citizens of Tulsa following the O’Brien decision? The idea that the City of Tulsa would abdicate its public safety charter and not allow the State to prosecute dangerous criminals solely based on their identity as an Indian is ludicrous. The State’s efforts to protect all citizens of Tulsa in no way infringes upon a tribe’s ability to do the same – whether they choose to do so or not. Kneecapping the Tulsa Police Department – one of the best in the country – from performing its public safety function puts all Tulsans in danger. Additionally, the City of Tulsa would stand out like a sore thumb in Tulsa County as every other law enforcement agency continues to refer dangerous criminals to prosecutors. It is my hope that wisdom prevails within the City of Tulsa. Heaven help the City of Tulsa if this proposed settlement is implemented.
Kunzweiler is presently a named defendant in Muscogee (Creek) Nation v. Tulsa County, Oklahoma et. This litigation involves the Tulsa County Board of Commissioners, Tulsa County Sheriff Vic Regalado, and Kunzweiler regarding criminal jurisdiction on the Reservation and Tulsa County’s attempts to prosecute Native American defendants.
The settlement agreement drew sharp criticisms from Oklahoma Governor Kevin Stitt. In a statement released two days prior to public announcement of the settlement agreement, Stitt claimed it would create an unsafe environment where tribal citizens are given special treatment.
Tulsa is essentially making itself a sanctuary city for tribal members engaged in criminal activity. As elected leaders, it is our job to represent our constituents regardless of race, heritage, or political affiliation. This proposed move by Mayor Nichols sets a concerning precedent and will make it impossible for elected officials and Oklahoma law enforcement to protect their communities. I will take every action to reverse course and ensure the rule of law is the same for everyone.
Stitt’s criticisms of the settlement agreement were shared by Oklahoma Public Safety Secretary Tricia Everist, Oklahoma State Bureau of Investigation Director Greg Mashburn and Bureau of Narcotics Director Donnie Anderson.
Cherokee Nation Principal Chief Chuck Hoskin Jr. expressed support for the settlement agreement, as well as his criticism of Stitt’s comments. Part of the City of Tulsa is located on the Cherokee Nation Reservation. The settlement agreement will affect Cherokee Nation’s ability to prosecute tribal citizens that commit crimes within Tulsa city limits within their jurisdiction. Chief Hoskin’ statement reads:
I applaud the City of Tulsa and Muscogee Nation for reaching a resolution that protects tribal sovereignty and enhances public safety for all. Mayor Monroe Nichols and Chief David Hill have demonstrated thoughtful leadership in reaching this agreement. Far on the other end of the spectrum is Governor Kevin Stitt, whose ignorance of the fundamentals of tribal sovereignty and cooperative governance within tribal reservations is astounding. Governor Stitt remains hopelessly on the wrong side of history while the rest of us chart a course for co-governing alongside tribes in the 21st century.
Over the next month, a working group will be created which will streamline processes like public safety procedures for municipal cases. The working group will include officials from the City of Tulsa and the MCN. It will produce public reports on booking procedures, detention facilities, mental health services, lab testing, extradition, and lab testing. Although it does not specifically mention the Cherokee or Osage Nations by name, both have jurisdictions in parts of Tulsa. According to the City of Tulsa’s press release, Mayor Nichols intends to work with other tribal partners to create a similar framework in turning over tickets and charges for tribal citizens that commit crimes within city limits.
Mvskoke Media will have ongoing coverage of this developing story.
