Marvin Keith Stitt, brother of OK Governor Stitt sues City of Tulsa over traffic ticket

Written By Braden Harper

(TULSA, Okla.) For the Stitt family, the old saying “the shoe is now on the other foot” appears to apply to a lawsuit filed by Marvin Keith Stitt over a misdemeanor traffic ticket from 2021. Stitt is a Cherokee citizen who was issued a traffic ticket for aggravated speeding by a Tulsa Police Officer within the boundaries of the Muscogee (Creek) Nation. Stitt is the brother of Governor Kevin Stitt, who has faced scrutiny from tribal leaders for his statements that Native Americans who are citizens of federally-recognized tribes should not be prosecuted by the jurisdiction they committed a crime in. These statements are contrary to the McGirt v. Oklahoma U.S. Supreme Court Decision that affirmed MCN’s sovereignty to prosecute crimes committed in Indian Country. The ongoing Stitt v. Tulsa case most recently saw a federal brief of amicus curiae filed on April 2.

Read this story on Mvskoke Media here.

According to court records, in February 2021 Marvin Stitt was pulled over by a TPD Officer and issued a $205 speeding ticket for driving 78 mph in a 50 mph zone on Highway 75.  When the officer asked for identification, Marvin Stitt provided a copy of his Oklahoma driver’s license and his Cherokee Nation citizenship card. He was aware that he was driving within the MCN jurisdiction. Court filings state that he asked the TPD Officer “Isn’t this my get out of jail free card?”, referencing his Cherokee Nation citizenship card.

Marvin Stitt filed an appeal for the ticket on November 7, 2022. In 2023 a brief of amicus filing on behalf of Cherokee Nation, Choctaw Nation and Chickasaw Nation supported Marvin Stitt in the suit. Seminole Nation and MCN filed amicus curiae briefs. Amicus curiae translates to “friend of the court”, which means the filing individual or organization is not a party to the case, but offers pertinent information.

This case bears strong similarities to another case involving MCN tribal jurisdiction; Hooper v. Tulsa, where the U.S. Supreme Court denied the City of Tulsa’s application for a stay. That case involved a Choctaw citizen, Justin Hooper who was also issued a traffic citation by the City of Tulsa in 2018. After the McGirt decision was handed down in 2020, Hooper sought post-conviction relief. After making its way through the Supreme Court, the case now finds itself currently at the district court level again.

In line with previous statements about Hooper v. Tulsa and the McGirt ruling, Governor Stitt remained firm on his stance regarding tribal jurisdiction. Governor Stitt released the following statement on Stitt v. Tulsa stating,

“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.”

In a statement given to Mvskoke Media, MCN applauded the U.S’ amicus brief filing and further suggested that the case not be pursued further by the City of Tulsa. The statement reads,

“The Muscogee Nation appreciates the United States filing an amicus brief in the Stitt v. Tulsa case in support of long-standing and fundamental principles of federal law—that the State lacks criminal jurisdiction over Indians in Indian country. The United States’ brief is consistent with the legal arguments asserted by the Nation in every court where the authority of the Nation in its own Reservation is challenged. Tulsa should abandon this case immediately and forward Mr. Sitt’s file to MCN for prosecution.”

A court date for the appeal has not yet been set. Mvskoke Media will continue to provide coverage on the Stitt v. Tulsa lawsuit.