California Tribes Request Restraining Order to Stop Construction in Fallbrook

Posted on March 6, 2012


Today, a California court will consider whether to impose a temporary freeze on construction projects near Fallbrook, in response to concerns voiced by local tribes that sacred burial sites are being desecrated.

Native American tribes have organized to confront construction workers in Fallbrook, California, about road development on what the tribes maintain is a sacred burial group. In the past few weeks, artifacts and human remains have been discovered throughout the construction site. Local tribes are attempting to stop development of the road and a nearby housing project recently approved for construction.

The developers and tribes have been meeting for years, but many issues remain unresolved. According to the San Luis Rey Band of Mission Indians, the project is located in the Luiseno traditional cultural property named Tomkav, which is believed by the tribe’s people to be The Second Part of the Luiseno creation story. This area has been occupied since before European contact and has continued to be occupied since then.

Earlier this month, tribal members filed a lawsuit against the environmental reports which were prepared for the projects. The suit states that the reports were conducted insufficiently to evaluate the area for cultural significance. The instant motion for a restraining order would prevent Palomar Community College from developing a campus on part of the property by imposing an immediate halting of construction on the site.

Read the full article Tribes object to construction project.

Thanks to Kristina Bauer for her assistance with this post.

Posted in: Archaeology Law