FOLLOW US

The city of Toppenish has argued in federal court that the Yakama Nation does not have the right to use a local property within the Yakama Indian Reservation to operate a 24-hour emergency cold weather shelter. The city raised concerns about health and safety violations, which it claims cannot be bypassed.

In its response filed Wednesday, Toppenish contested the Yakama Nation’s motion for a temporary restraining order and preliminary injunction. U.S. District Judge Mary K. Dimke had granted the tribe’s request for a temporary restraining order on November 27, blocking the city from preventing the shelter’s operation.

Toppenish claims the property located at 501 West 1st Avenue is not owned by the Yakama Nation, is not trust land, and is home to non-Indians. The city further cited the U.S. Supreme Court’s 1978 ruling in Oliphant v. Suquamish Indian Tribe, which determined that Indian tribes lack jurisdiction over non-Indians.

“Toppenish is a separate jurisdictional entity with direct authority over code enforcement and health and safety standards within its boundaries,” the city’s legal team argued, referencing their responsibility to enforce these codes for non-tribal lands.

Daniel B. Heid, the city attorney who wrote the response brief, also addressed claims made by Yakama Nation Tribal Chairman Gerald Lewis. Lewis had alleged that Heid, in his first week on the job in November, had not engaged in good faith discussions regarding the city’s concerns. Heid rejected this assertion.

On November 27, Judge Dimke ruled in favor of the Yakama Nation, granting the temporary restraining order and a preliminary injunction, which allows the shelter to operate while the dispute continues. The judge cited the risk of harm posed by freezing weather and determined that the shelter would be necessary for public welfare.

The judge’s decision, which blocks the city from preventing the Yakima Valley Farm Workers Clinic from hosting the shelter, will remain in effect until December 18, when a hearing on the matter is scheduled.

The Yakama Nation argued that it had satisfied the four requirements for a temporary restraining order, as outlined by the U.S. Supreme Court in Winter v. National Resources Defense Council Inc. (2008). These factors include likelihood of success, irreparable harm, the balance of equities, and public interest.

The Yakama Nation filed its lawsuit on November 20, accusing Toppenish of trying to enforce municipal codes to block the shelter’s operation on tribal lands, which it argued would violate its sovereignty and threaten the health and welfare of its members. Tribal Chairman Gerald Lewis expressed gratitude for the court’s ruling, emphasizing the tribe’s commitment to providing shelter for the homeless, especially in cold weather.

Despite the ongoing legal battle, the Yakama Nation maintains that it attempted to collaborate with Toppenish city officials to address health and safety concerns. The tribe claims that Toppenish City Council had not taken a formal stance on supporting or opposing the shelter despite multiple discussions.

After experiencing severe weather conditions in mid-November, the Yakama Nation moved forward with opening the cold weather shelter. On November 20, the tribe notified the city of its decision, and later that day, the Yakima Valley Farm Workers Clinic informed the tribe that the city had prohibited the shelter’s operation until the property dispute was resolved.

The property at the center of the dispute, which was originally reserved for the Yakama Nation’s exclusive use under the Treaty of 1855, is now owned by the Yakima Valley Farm Workers Clinic. The tribe claims the property remains within reservation boundaries, even though it was transferred out of the tribe’s ownership during the Allotment Era.

Representatives for both the Yakama Nation and the City of Toppenish did not immediately respond to requests for comment.

The Yakama Nation is represented by Ethan Jones and Anthony Aronica of the Yakama Nation Office of Legal Counsel. Toppenish is represented by Daniel B. Heid of Kerr Ferguson Law PLLC.

The case is Confederated Tribes and Bands of the Yakama Nation v. City of Toppenish, case number 1:24-cv-03189, in the U.S. District Court for the Eastern District of Washington.