Cree

Plaintiffs, members of the Yakama Indian Nation, brought this action to prevent defendants, Washington state officials and officers (the “State”), from applying state truck license and permit fees to members of the Yakama tribe. Plaintiffs claim that the fees violate the right to use public highways granted to the Yakama tribe under the Yakama Treaty. The district court granted summary judgment to the Yakama Indian Nation on the ground that the phrase “in common with,” as used in the Treaty in reference to the highway right, has been construed in Treaty fishing rights cases to bar the State *1402 from imposing truck license and permit fees on Yakama Indians. The State appealed. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand.

FACTS

The individual plaintiffs are Yakama Indians who operate logging trucks to haul logs from tribal timber sales on reservation lands to off-reservation markets. They have been issued traffic citations by defendant traffic officers for failing to pay licensing fees and obtain truck permits, as required by Washington state law. 1 Plaintiffs brought this action against defendants for declaratory relief and damages under 42 U.S.C. §…