A local Indian tribe wants a federal judge to block Napa and Sonoma counties’ latest attempt to end the tribe’s bid for federal recognition.
Last fall, U.S. District Court Judge Edward Davila denied the counties’ motion to dismiss the Mishewal Wappo tribe of Alexander Valley’s lawsuit against the U.S. government, which seeks federal recognition for the tribe.
In December, the counties filed a motion asking Davila to allow them to appeal his ruling before the 9th U.S. Circuit Court of Appeals. They argue that Davila incorrectly applied legal precedents in denying their motion to dismiss. Davila is scheduled to hear the motion Feb. 3.
In a response filed Tuesday, attorneys for the Wappo tribe assert that the judge correctly applied the legal precedents, that the appeals court’s potential opinion would uphold Davila’s ruling, and that the appeal wouldn’t result in the lawsuit being tossed.
Napa and Sonoma counties fear that tribal recognition could lead to a casino being established in the area.