
- Details
- By Jenna Kunze
TRINIDAD, Calif. — In a win for tribal sovereignty, a California appeals court dismissed a lawsuit against a Northern California tribe requesting beach access to the tribe’s coastal property in Trinidad, Calif. on Wednesday.
The Cher-Ae Heights Indian Community of the Trinidad Rancheria purchased the coastal property in 2000, and applied to the Bureau of Indian Affairs (BIA) to take the property into trust in 2016, a petition that is still pending but which would allow the tribe sovereignty rights over the land.
As a result of the tribe’s petition, two private individuals filed a complaint seeking a public easement for vehicle access to the property. The plaintiffs, a recreator and a kayak business owner, said that while the tribe wasn’t currently interfering with their coastal access, “they worried that the tribe might do so in the future,” according to court documents.
They said they had used the tribe’s coastal property to access the beach under previous ownership. The suit went to Superior court, where it was dismissed for “lack of subject matter jurisdiction” on the grounds of sovereign immunity. Sovereign immunity protects a tribe from lawsuit without its consent or unless there is authorization from Congress, neither of which happened in this case.
The plaintiffs appealed the decision to the state court of appeals.
On Wednesday, the California Court of Appeals upheld the Superior Court’s decision to dismiss the suit seeking to establish a public easement on its property.
Tribal Chairman Garth Sundberg said the tribe was pleased with the ruling, which aligned with precedent set by the U.S. Supreme Court.
“The court found that Congress has not created a major exception to tribal immunity for a lawsuit seeking to establish a public easement, and that longstanding precedent required the court to defer to Congress ‘to decide whether to impose such a limit, particularly given the importance of land acquisition to federal tribal policy,’” Sundberg said in a statement.
Tribal attorney in the case, Tim Seward, told Native News Online that the court’s decision is well-reasoned and clearly stated. “It adheres to longstanding U.S. Supreme Court precedent, upholds fundamental principles of tribal sovereignty, and protects the ability of federally recognized tribes to exercise their rights to acquire tribal lands pursuant to federal law,” he said.
The tribe purchased the harbor property to “revitalize a fundamental aspect” of its culture, Chairman Sundberg said. According to Trinidad Rancheria’s press release, “The Tribe, long ago granted the City of Trinidad an easement protecting the public’s access to the Trinidad Harbor Pier, and Chairman Sundberg invites the public to enjoy the state of the art pier and public accommodations the Tribe constructed to replace the prior deteriorated facilities.”
More Stories Like This
50 Years of Self-Determination: How a Landmark Act Empowered Tribal Sovereignty and Transformed Federal-Tribal RelationsNavajo Citizens Voice Mixed Reactions to Trump’s Coal Executive Order at Public Hearing
Apache Stronghold Will Petition the U.S. Supreme Court Again on Monday, June 23
California Senate Panel Backs Ramos Bill on Tribal Regalia Rights at Graduation
Janie Simms Hipp Named 2025 Chickasaw Nation Dynamic Woman of the Year
Help us tell the stories that could save Native languages and food traditions
At a critical moment for Indian Country, Native News Online is embarking on our most ambitious reporting project yet: "Cultivating Culture," a three-year investigation into two forces shaping Native community survival—food sovereignty and language revitalization.
The devastating impact of COVID-19 accelerated the loss of Native elders and with them, irreplaceable cultural knowledge. Yet across tribal communities, innovative leaders are fighting back, reclaiming traditional food systems and breathing new life into Native languages. These aren't just cultural preservation efforts—they're powerful pathways to community health, healing, and resilience.
Our dedicated reporting team will spend three years documenting these stories through on-the-ground reporting in 18 tribal communities, producing over 200 in-depth stories, 18 podcast episodes, and multimedia content that amplifies Indigenous voices. We'll show policymakers, funders, and allies how cultural restoration directly impacts physical and mental wellness while celebrating successful models of sovereignty and self-determination.
This isn't corporate media parachuting into Indian Country for a quick story. This is sustained, relationship-based journalism by Native reporters who understand these communities. It's "Warrior Journalism"—fearless reporting that serves the 5.5 million readers who depend on us for news that mainstream media often ignores.
We need your help right now. While we've secured partial funding, we're still $450,000 short of our three-year budget. Our immediate goal is $25,000 this month to keep this critical work moving forward—funding reporter salaries, travel to remote communities, photography, and the deep reporting these stories deserve.
Every dollar directly supports Indigenous journalists telling Indigenous stories. Whether it's $5 or $50, your contribution ensures these vital narratives of resilience, innovation, and hope don't disappear into silence.
The stakes couldn't be higher. Native languages are being lost at an alarming rate. Food insecurity plagues many tribal communities. But solutions are emerging, and these stories need to be told.
Support independent Native journalism. Fund the stories that matter.
Levi Rickert (Potawatomi), Editor & Publisher