Conservative questions for Tulsa mayoral candidates

Earlier this evening, I sent the following email to Karen Keith and Monroe Nichols, the two Democrats who advanced to the November 5, 2024, runoff for Mayor of Tulsa.

The idea was inspired by conversations I had with the two candidates after last month's forum hosted by Women for Tulsa at the Campbell Hotel. I pointed out to both that the Supreme Court's Castro-Huerta ruling limited the scope of the McGirt ruling and signalled that SCOTUS would likely find in favor of the State of Oklahoma and its political subdivisions should further tribal challenges to their authority reach the High Court. McGirt happened because Neil Gorsuch sided with the four SCOTUS progressives to form a majority of five, but after Ruth Bader Ginsburg died and was replaced by Amy Coney Barrett, Gorsuch and the remaining three progressives only formed a minority of four in the Castro-Huerta case.

For example, say the owner of a restaurant in Tulsa, a tribal citizen, decides not to collect or remit state, county, and city sales taxes. After Oklahoma Tax Commission padlocks the door, this tribal citizen files a federal lawsuit challenging the authority of Oklahoma and its political subdivisions to collect taxes on an Indian-owned enterprise on Indian-owned land in an Indian reservation. If the case were to reach SCOTUS, the High Court as currently constituted would almost certainly uphold the taxing power of state and city, notwithstanding "reservation" status. But that would only happen if the City of Tulsa and State of Oklahoma pursue the case aggressively in the courts, even if district court and appeals court rulings go the other way. When I asked Rep. Nichols if he would defend Tulsa's power to collect sales tax, he indicated that he would, of course! This questionnaire is designed to give him and his opponent the opportunity to say so in writing and to commit themselves publicly on other issues that really ought to be no-brainers.

I will let you know if I hear back from the candidates. I will also be tweeting these questions out on X, to make sure they're seen.

To the surviving candidates for Mayor of Tulsa:

The elimination of all conservative mayoral candidates in the August 27 election has left me and a third of the city's electorate in a quandary. We will show up in large numbers on November 5 to vote for Donald Trump, Kevin Hern, and other Republican candidates, but we don't yet have a compelling reason to vote in the mayor's race. Nevertheless, if one of you is willing to commit publicly to at least some of the actions below and the other is not, it would make a difference in how conservatives vote.

I know you're busy campaigning, so I'll keep this short and simple. Please reply at your earliest convenience to the following yes/no questions. I will post the responses (or lack of response) verbatim on BatesLine.com. You can feel free to explain or elaborate, but I'm looking for a yes or no answer. The heart of each question is "will you pledge?" and the more "yes" answers you can honestly give, the more inclined conservatives will be to vote for you on November 5.

Thank you for your time.

Section A: City authority in light of McGirt

Background for questions 1 - 4: The challenge to the City's authority to tax, regulate land use, and enforce traffic laws is not likely to come from the tribal governments directly, but, as with the McGirt case, tribal citizens will file federal lawsuits seeking exemption from state and local laws, which tribal governments will join as amici curiae.

1. If a tribal citizen sues in Federal court to claim exemption from the City of Tulsa's zoning laws, will you pledge to commit the City's resources to defend in Federal court the City's power to enforce its zoning laws over all property within its municipal limits, pursuing the case all the way to the Supreme Court of the United States if necessary?

2. If a tribal citizen sues in Federal court to claim exemption from the City of Tulsa's traffic laws, will you pledge to commit the City's resources to defend in Federal court the City's power to enforce its traffic laws on all drivers within its municipal limits, pursuing the case all the way to the Supreme Court of the United States if necessary?

3. If a tribal citizen with a retail business sues in Federal court to claim exemption from collecting and remitting state, county, and city sales taxes, will you pledge to commit the City's resources to defend in Federal court the City's taxing authority within its municipal limits, pursuing the case all the way to the Supreme Court of the United States if necessary?

4. If property owner who is a tribal citizen sues in Federal court to claim exemption from paying ad valorem tax, will you pledge to commit the City's resources to defend in Federal court the City's taxing authority within its municipal limits, pursuing the case all the way to the Supreme Court of the United States if necessary?

Section B: City involvement in controversial cultural issues

5. The City Council and Mayor Bynum approved the use of Federal COVID relief funds for Amplify Tulsa to survey 15-17 year old children about their "sexual health and well-being." Will you pledge to veto any proposal that gives any funds under the City's control for the purpose of communicating with minors about sexual matters?

6. Mayor Bynum used an executive order to add "gender identity" and "gender expression" to the City's non-discrimination policy. The idea that someone can be "born in the wrong body" or "born the wrong gender" has no basis in science, and it has led vulnerable youth to damage their bodies with cross-sex hormones and surgery. Will you pledge to remove "gender identity" and "gender expression" from the City's non-discrimination policy?

7. Will you pledge to enact and enforce city policies that exclude all biological males (including purported "transwomen" and "non-binary") from private female spaces and activities, such as restrooms, locker rooms, shelters, and city sports leagues?

8. Will you pledge never to require city employees to participate in Diversity, Inclusion, and Equity (DIE) training sessions, which have proven to sow mistrust and division among an organization's employees?

Section C: Taxes

9. Improve Our Tulsa 3, passed in 2023, has already obligated our current sales tax and property tax rates beyond 2028. Will you pledge not to put a general obligation bond issue or sales tax proposal before the voters during your four-year term of office?

[I was manually numbering these questions, and left room for another question that I didn't end up writing. Oh, well.]

Section D: Law enforcement

11. Citizen oversight panels have been used in many cities to second-guess the split-second decisions made by police officers in the line of duty. This has reduced proactive policing, causing police officers to hesitate to act decisively against crime, leading to an increase in crime in those cities. Will you pledge to veto any proposal to create a citizen oversight panel for the Tulsa Police Department?

12. In 2020, under activist pressure, Mayor Bynum ended the Tulsa Police Department's relationship with Live PD, which showcased TPD's professionalism in difficult and dangerous circumstances. Will you pledge to authorize TPD to resume cooperation with Live PD and similar network television shows?

13. For many years, the Tulsa County Sheriff's Office has had a 287(g) agreement with ICE. According to the ICE website: "The 287(g) program allows ICE -- through the delegation of specified immigration officer duties -- to enhance collaboration with state and local law enforcement partners to protect the homeland through the arrest and removal of noncitizens who undermine the safety of our nation's communities and the integrity of U.S. immigration laws." Will you pledge to have the Tulsa Police Department participate in the 287(g) program to the fullest extent possible for city governments?

Section E: Homelessness

14. The Housing, Homelessness & Mental Health Task Force, which oversees the $75 million in IOT3 funds set aside to address homelessness in Tulsa, does not include anyone who works directly with homeless people. Will you pledge to add leaders of Christian ministries that serve the homeless (e.g., John 3:16 Mission, City of Hope) to that task force?

15. Will you pledge to enact and enforce ordinances that prohibit camping on public property and panhandling, requiring those convicted to enter a diversion program or else face jail?

Section F: Public health

16. The mandatory closure of businesses, schools, churches, and other gathering places, and the imposition of social distancing requirements during the COVID-19 epidemic proved to be ineffective at preventing the spread of the disease but disastrous to the economic and social well-being of Tulsans. In the event of a similar respiratory pandemic, will you pledge not to seek or use emergency powers to require Tulsa businesses, churches, schools, and other gathering places to close?

17. The mRNA COVID-19 vaccines are now known not to prevent the spread of that virus, and its efficacy at mitigating the severity of the virus is questionable, at best short-lived and decreasing with each new variant. Severe adverse effects, including myocarditis and pericarditis in young men, have come to light. Many government workers were faced with a choice of taking the vaccine against their will or losing their jobs. Will you pledge never to mandate a vaccine as a condition of employment with the City of Tulsa?

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A parting thought: If I were to say that someone like Kevin Stitt should have twice as much say in how Tulsa is run than someone like Monroe Nichols, or that Stitt and Nichols should be treated differently if accused of a crime, because of their respective ancestry, I'd be accused of racism, and rightly so. But that is what tribal co-governance is all about. Stitt had an ancestor on the Dawes Commission roll, Francis Dawson. If I've found the right Dawson, he was enrolled with a blood quantum of 1/16. If that's Stitt's great-great-grandfather, and assuming no other Indian ancestors, that makes Stitt's blood quantum 1/256: One Cherokee ancestor 8 generations ago entitles him to special rights, regardless of the degree of engagement he has with Cherokee culture.