Judge rules against Fresno County over renaming of places, landmarks deemed offensive

A superior court judge delivered a setback to Fresno County’s fight against a state law that removes a term widely considered a slur against Native American women.

Back in April, Fresno County sued the state of California over a 2022 state law that removes the term “squaw,” widely considered to be a derogatory term against Indigenous women, from geographic features and place names in the state.

Fresno County Superior Court Judge D. Tyler Tharpe ruled Thursday in favor of the state, saying Fresno County didn’t have legal standing to sue the state.

“It does appear that the County lacks standing to sue, as it is a political subdivision of the State of California that is not permitted to sue the State for violation of its constitutional rights,” the ruling said.

The lawsuit came about in the aftermath of a controversial name change of an unincorporated Fresno County foothill community from Squaw Valley to Yokuts Valley that a federal geographic naming board approved in January. The name change came after a two-year push led by Roman Rain Tree, a member of the local Dunlap Band of Mono Indians and Choinumni tribes.

Two months after the federal name change vote, the Board of Supervisors voted to sue the state of California — rather than the federal board that oversaw the Yokuts Valley name change — since the new state law puts specific requirements on California counties. In their lawsuit, the county alleged that the state law violates the First Amendment and the community’s right to free speech.

Critics, including some Yokuts Valley residents, called the lawsuit “frivolous” and “fiscally irresponsible.”

Joshua Dean, a spokesperson for Fresno County said in an email statement to The Bee that Fresno County has authorized its outside counsel Brian Leighton to file an appeal.

23CECG01368 - Notice of Entry of Judgment With Exhibit A by Melissa Montalvo on Scribd

The Bee reached out to the Attorney General’s office, who referred The Bee to the California Natural Resources Agency, the defendant in the lawsuit, for comment. Tony Andersen, a spokesperson for CNRA said in an email statement to The Bee that the agency “appreciates the outcome of the court’s decision and looks forward to continuing to work collaboratively with communities and public agencies on renaming efforts that foster an inclusive and equitable California.”

Questions remain about who has jurisdiction to rename unincorporated communities. Nonprofit newsroom Fresnoland reported in September that the January name change vote only applies to federal agencies and maps. Therefore, the Department of the Interior said, a local government like Fresno County does not need to abide by the federal renaming.

Fresno County has continued to use the name Squaw Valley in official communications, such as press releases.

Supervisor Nathan Magsig, who represents the foothill community, has long said he’s open to name changes that come from residents of the community. Magsig has been critical of the federal government’s process in changing Squaw Valley’s name, saying that local residents didn’t have enough say in the decision.

Lawsuit background

In July, the state of California filed a 23-page response to the County’s lawsuit, objecting to the county’s first amendment complaint.

Fresno County’s arguments, the state’s filing said, “amount to nothing more than policy disagreements with the Legislature.”

The judge ruled Thursday that only private persons, not government entities, can assert the constitutional violation of individual rights.

“The present case is somewhat unclear which constitutional provisions the County is alleging that the State violated by mandating the name change,” the judge’s ruling said.

The state also argued that the county sued the wrong entity because it was the federal government, not the state, that made the name change to Yokuts Valley.

But the judge said the state failed to prove this point because while the federal government began the process of renaming places with the term, the state ultimately passed the law that “ultimately mandated the name change for Sq_ Valley and other places in California.”

Fight over name heats up with Fresno County ballot measure

A Fresno County ballot measure in March’s primary elections will ask voters to weigh in on who should have authority to change geographic names.

In September, Fresno County Board of Supervisors approved adding a ballot measure, known as Measure B, to the 2024 primary elections that will ask voters to amend the county charter to clarify it should control name changes in unincorporated parts of the county.

Supporters of the measure, which include Fresno County Supervisors Magsig and Steve Brandau, say the issue is about local control.

“This charter amended, if passed, will send a clear message to the Board of Supervisors, Sacramento and Washington; the voters of Fresno County want decisions related to name changes to remain at the local level,” supporters said in a statement.

Opponents to the measure – which include Democratic Assemblymembers James C. Ramos of San Bernardino, Joaquin Arambula of Fresno, and Esmeralda Soria of Fresno, as well as State Sen. Anna Caballero of Merced – say that the measure will reverse the name change of Yokuts Valley to Squaw Valley, “which violates state law.”

“It is shameful that Fresno County supervisors decided to spend taxpayers money to defy federal and state laws that remove the atrocious use of the “S” word from community names,” Arambula said in a press release.

The measure requires a majority vote to pass. Primary presidential elections take place on March 5, 2024.