Oklahoma Governor Stitt Sues State Legislature

OKLAHOMA CITY - Governor Kevin Stitt of Oklahoma, a member of the Republican Party, has initiated a lawsuit against the leadership of the state legislature. He asserts that they have crossed their jurisdictional boundaries by deliberately excluding him from discussions and negotiations pertaining to tribal compacts.

In a public announcement, Stitt conveyed that his legal team has taken action against two prominent Republican figures in the legislature. These individuals are Charles McCall, who holds the position of House Speaker, and Greg Treat, the Senate Pro Tem President. This legal action came on the heels of a House vote to dismiss Stitt’s veto on HB1005.

The said bill, HB1005, is designed to prolong the duration of 16 already existing tribal compacts. These compacts are primarily focused on the division of tax revenue generated from tobacco sales within tribal territories. In an attempt to keep these compacts active, the House of Representatives had opted to reject the veto issued by Stitt. This significant political event occurred immediately after Stitt’s veto, indicating the legislature’s firm stance on maintaining existing agreements with the tribes.

After the Oklahoma Senate voted to supersede, the House of Representatives passed a resolution to override Stitt’s veto of the bill, keeping the current tobacco sales compacts until December 31, 2024. The votes came after a similar override of SB26, which prolongs current tribal compacts regulating money from car registrations.

“We need the Supreme Court to let us know who has the authority. We think that it clearly is with the Governor,” Stitt said. “We need the courts to tell us, does the governor have the authority to negotiate the compacts, or does the legislature have the authority to negotiate the compacts? We’re really excited for the Supreme Court to weigh in on this and let us know what we’re supposed to do on these matters.”

Stitt attributed the disagreement to his firm stance on limiting tribal revenue collections to retail establishments situated on restricted or trust lands, as opposed to all lands marked as reservations. In contrast, tribal groups have advocated for the collection of revenues across all businesses under their ownership.

Simultaneously, there are continuous debates regarding tribal jurisdiction on non-trust lands, underscored by Supreme Court cases such as Hooper v. Oklahoma and Strobel v. Oklahoma. Stitt firmly asserted that giving in on these compacts would essentially transform “42 percent of Oklahoma into a reservation for all purposes.”

“I don’t think that’s good for Oklahomans. I don’t think people in Tulsa want that to happen,” Stitt said during the press conference. “...I am doing everything in my power to protect Oklahoma and have one set of rules regardless of where you live.”

Treat criticized Stitt’s strategies in a statement from the Oklahoma Senate, calling the lawsuit another illustration of his “divisive” approach to working with the state’s 39 federally recognized tribes.

“Plain and simple, the governor’s continued rhetoric and vitriol surrounding not only these compacts, but also our Native American Tribal partners as a whole, seeks to divide the state. It is clear at this point the governor has no end game, goal or aspirations of working with the legislature or tribes. He continues to ignore the courts, legislature and common sense,” Treat said in the statement. “He has once again failed Oklahoma.”

Stitt has had disagreements with the Oklahoma legislature before. According to a case synopsis for Stitt v. Treat, Stitt attempted to sign gaming agreements with the Comanche Nation and Otoe-Missouria Tribes in 2020. These agreements covered Class III gaming, which, according to the legislature, required previous authorisation through the House and Senate. The legislature ultimately prevailed in the decision.

Treat claimed that the lawsuit filed on Monday was just another attempt that would fail and cost the state of Oklahoma’s taxpayers millions of dollars in legal fees.

“Today, history is repeating itself with the announcement of this lawsuit. I’m confident his intentions will meet the same fate as we have unfortunately witnessed, and paid for, in the past,” Treat said. “By overriding these vetoes, the legislature gave the governor another avenue and opportunity to negotiate in good faith, as we have done repeatedly. He has never accepted or appreciated our efforts and has turned his back on all four million Oklahomans, the legislative process and Oklahoma’s tribal partners, costing the state millions in legal fees. This zero-sum game he is playing is a losing strategy and I hope Oklahomans and my fellow lawmakers are paying careful attention.”