Cabazon Band of Mission Indians v. Smith
Opinion
Lead Opinion
Pregerson, J.
The Cabazon Band of Mission Indians (“Tribe”) appeals the district court’s order granting summary judgment to the County of Riverside (“County”) and its Sheriff Larry Smith (“Sheriff’) (collectively, “Defendants”). Through its suit, the Tribe seeks a determination that vehicles operated by its Public Safety Department are “authorized emergency vehicles” permitted to use and display emergency light bars while traveling on public roads between the noncontiguous portions of the Tribe’s reservation. Before the Tribe’s suit, Defendants repeatedly stopped and cited the Tribe’s police officers for violating California’s Vehicle Code whenever the officers traveled on nonreservation roads to respond to emergency calls from different portions of the reservation. The Tribe argues that prohibiting its emergency ve- *693 hides from displaying emergency light bars creates an undue burden on its ability to effectively perform on-reservation law enforcement functions. Because we conclude that applying the light bar prohibition to the Tribe’s police vehicles is discriminatory, we reverse.