The Lummi Nation is seeking a court order to stop a telecommunications company from further desecrating a sacred burial site on land the tribe has occupied for thousands of years, citing violation of Washington State’s Indian Graves and Records Act.
A lawsuit, filed last month in U.S. District Court for the Western District of Washington, alleges that Whidbey Communications trenched thousands of feet below a known burial ground to complete three federally funded broadband projects on Point Roberts, Wash., totaling around $13.7 million.
The Tribe asserts that crews ignored the presence of recognized indicators of human remains, disturbed remains at 4 out of 5 exploratory sites; defied a stop-work order by the State Historic Preservation Officer; failed to notify authorities upon discovering remains; left remains uncovered for two years; and never reinterred disturbed remains. As well, the suit alleges that Whatcom County issued permits for two projects without consulting the Lummi Nation, failed to conduct required archaeological reviews and never initiated required tribal notification or site assessments.
Lummi Nation is asking the court to halt ground-disturbing work at Point Roberts; mandate fencing, site protection, erosion controls, and security cameras at the two affected archaeological sites; give the tribe access to conduct a comprehensive damage assessment and plan reinterment; and require disclosure of all project records, maps, construction logs, and communications relating to disturbed remains.
The tribe’s most recent filings in the case were made on May 7, including dozens of pages of additional legal arguments, original documents, and sworn statements by witnesses. Several documents are under seal
According to a press release from Lummi Nation, based on the confirmed volume of human remains disturbed so far, it is possible that hundreds of ancestors’ remains may have been harmed.
“The new evidence we provide the court makes clear that the harm is not hypothetical or historical—it is ongoing,” Lummi Nation Chairman Anthony Hillaire said. “Each day that passes without intervention risks the permanent loss of Lummi ancestors and the Tribe’s ability to fulfill our sacred obligations.”
The recent filings include a sworn declaration by Tribal Historic Preservation Officer Lena Tso. In her statement, Tso compared the loss of ancestral remains to a missing child.
“A disturbance has the same effect on Tribal people and communities, differing only because some feel it directly, and others feel it indirectly, but everyone experiences the feeling that someone, a family member, is missing,” Tso wrote. “Tribal people have long memory and deep connection to our ancestors, because we still sing their songs, dance their dances, and carry their names and responsibilities with us. Contrary to what you may read in a book, Tribal culture is still very much alive. We are still connected.”
