Understanding Oklahoma’s Complex Relationship with Native American Car Tags
Imagine this: you’re cruising down the highway, tunes blasting, not a care in the world until—you guessed it—flashing lights in the rearview mirror. However, for some drivers in Oklahoma, a traffic stop isn’t just about a potential speeding ticket; it embodies a much larger and complex issue.
The Controversy Behind the License Plate
On a crisp November day, Crystal Deroin, a member of the Otoe-Missouria tribe, found herself pulled over near Enid, Oklahoma. She was cited not only for speeding but also for a baffling $249 fee due to her license plate. However, this was no ordinary plate; it was one issued by her Native American tribe.
The heart of the matter? Allegations of unpaid state automobile taxes. Yet, since 1993, the U.S. Supreme Court has recognized the rights of Native American tribes to issue valid license plates to their members. Out of the 39 federally recognized tribes in Oklahoma, an estimated 34 have exercised this right.
The State’s Stance: A Backtrack on Tribal Sovereignty?
Enter Governor Kevin Stitt’s administration. They’ve cast doubt over this long-standing arrangement, which some tribal leaders view as an encroachment on their tribal sovereignty. “After over two decades of cooperation… it appears the State has altered its understanding,” laments Otoe-Missouria Chairman John Shotton, signaling potential legal retaliation.
Supporting Shotton’s stance, Chuck Hoskin Jr., chief of the Cherokee Nation—home to roughly 450,000 members—noted the state’s position as “ignorant and unquestionably illegal.”
Legal Precedents and the Potential for a Firestorm
Marc Roark, a law professor, warns that Oklahoma might be “playing with fire,” hinting at the 2020 McGirt ruling, which cast doubts on the state’s jurisdiction on tribal lands. Eastern Oklahoma, steeped in a deep Native heritage, poses a legal conundrum. “Sending something up that might raise another McGirt issue about regulation in tribal territory?” says Roark. “I’d be very worried.”
Oklahoma’s Standpoint: Enforcing a 1993 Perspective?
While the practice of using tribal tags—a vibrant salute to Indigenous identity and a cheeky save on taxes—is widespread in Oklahoma, the state insists on applying a 1993 Supreme Court lens. A Department of Public Safety memo outlines exceptions merely for those members whose vehicles are registered through the state and principally garaged in the tribe’s territory. Currently, only a handful of tribes, including the Choctaw and Chickasaw, have negotiated compacts permitting wider tag use.
To add to the surprise, Gov. Stitt claims a straightforward view: “We all drive on the same roads,” he states, indicating a belief in uniform tax obligations for all Oklahomans.
Tribal Response: An Assertion of Rights and Identity
This isn’t the first time Governor Stitt, a Cherokee Nation member, has clashed with tribal interests. Past legal challenges, including attempts to renegotiate gambling compacts and limit McGirt’s reach, have underscored a broader struggle.
Questioning the state’s newfound enforcement zeal, Sarah Stewart of the DPS maintains their consistency in applying the law.
Yet, Stitt faces criticism—notably, for his veto of legislation extending existing tribal compacts, ultimately overruled by the state legislature. His calls for tighter regulation post-tribal backing of his political adversaries add another layer to the patchwork of ongoing disputes.
Finding Common Ground and Resolution
Amidst the turmoil, some seek different resolutions. Tulsa Mayor G.T. Bynum suggests that the city may establish its direct dialogues with the tribal nations, embracing its reservation status. Furthermore, law professor Roark suggests state compacts bypassing the state could dilute the state’s leverage.
Whether through negotiation or legal confrontation, it’s clear: the current status is not carved in stone. Oklahoma’s tribal tag saga resonates far beyond individual traffic stops—it’s a microcosm of the push and pull of autonomy, identity, and law in the vibrant heartland of America.
