Kawaiisu Tribe case to continue in Federal Court

Judge’s ruling keeps Kawaiisu Tribe of Tejon case in Federal Court

A ruling was published Monday for the Civil Rights case filed by Tribal Elder,
David Laughing Horse Robinson and the Kawaiisu Tribe of Tejon, in
California’s U.S. Federal Eastern District Court.

The Tribe filed the lawsuit in November 2009 after County of Kern approved a CEQA
FINAL EIR that states that a U.S. Corporation now owns their Ancestors
remains and grave goods. The document states: “and the property owner (who is
also the owner of the remains), and of any associated archaeological materials.”

U.S. District Judge Oliver W. Wanger issued his ruling on Feb. 4, 2011
with page 24 and page 25 summarizing the outcome. The Judge gives the
Kawaiisu Tribe of Tejon 15 days to Amend their Complaint and states:
“(6) Plaintiffs shall be afforded the opportunity to assert a land-based
claim for enforcement of aboriginal title in any amended complaint.”

The Judge also allows the Tribe to pursue its NAGPRA claim against
Defendants County of Kern and Tejon Mountain Village saying,
“(2) (c) the NAGPRA claim is GRANTED WITH LEAVE TO AMEND.”

Additionally, the Judge also allows the Tribe to pursue it’s Equal Protection
claim against the California Native American Heritage Commission (NAHC),
“(3) Plaintiffs’ unopposed request for leave to amend its section 1983/equal
protection claim against NAHC is GRANTED and NAHC’s motion to
dismiss is DENIED AS MOOT.”

The Tribe’s Amended Complaint is due February 19, 2011.

Monday’s ruling allowing further argument to protect Ancestral Graves,
Sacred Sites and Indigenous title is a victory for Human Rights, Indian
Country and the Kawaiisu people.

The Kawaiisu are a historic and ancient people, the descendants of,
and political successor to, signatories of the December 30, 1849
Treaty with the Utahs (ratified Sept. 9, 1850) and the June 10, 1851
California Treaty D at Camp Persifer Smith (not ratified-1852).

The first Indian Reservation in California (Tejon Sebastian Indian Reservation)
was established in 1853 where Treaty D was signed.

To learn more visit the Tribe's blog: http://kawaiisutribeoftejon.blogspot.com/