How much is Fresno County spending on lawsuit against state over Yokuts Valley fight?

Reality Check is a Fresno Bee series holding those in power to account and shining a light on their decisions. Have a tip? Email tips@fresnobee.com.

Fresno County has spent thousands of taxpayer dollars on a failed lawsuit over the renaming of a foothill community from Squaw Valley to Yokuts Valley — and could spend thousands more to appeal the case.

Records show Fresno County has allocated a total of $40,000 towards the lawsuit against the state of California over a 2022 state law that removes the term “squaw” from California places by 2025. The term today is widely considered a slur against Indigenous women.

As of March 2024, the county has paid a total of $20,000 in legal fees to outside counsel Brian C. Leighton at a rate of $275 per hour. Fresno County has committed $20,000 more for the appeal process, according to a contract dated Nov. 20, 2023. Leighton is a private attorney based in Clovis.

The lawsuit, which was initiated by the Fresno County Board of Supervisors last March, alleged the state of California’s 2022 law violates the community’s right to free speech. Critics — including residents of the renamed community — called the lawsuit a “frivolous” waste of taxpayer money and protested outside in front of county facilities last Spring.

In December, a judge ruled that the county, as a political entity of the state, didn’t appear to have the standing to sue the state and said that only private citizens could bring forth lawsuits over First Amendment violations.

One such critic of the lawsuit is Robert McCloskey, a Yokuts Valley resident, who obtained copies of Leighton’s invoices, contracts and payment records through a California Public Records Act request and shared them with The Fresno Bee.

“This money could be spent on hiring a social worker for a year; it could be spent to raise IHSS salaries; It could be spent to help everybody in this county rather than go after a personal lawsuit from some members of the board,” McCloskey said during public comment of last Tuesday’s Board of Supervisors meeting.

Supervisor Nathan Magsig, who district includes the renamed foothill community, said in an interview with The Bee on Monday that the majority of the money for the suit is coming from his office’s budget, funds that are typically spent on things like staff salaries or community projects. He didn’t think the total spent on the lawsuit made a huge dent in the county’s $4.8 billion budget.

“None of the suit is affecting any of the other departments,” he said. ”So it’s not affecting DSS (Department of Social Services) or the sheriff’s department or any of that.”

Magsig confirmed that his office covered $5,000 in fees for initial research for the suit as well as the $20,000 for the appeal. Records show the county capped the initial lawsuit expenses at $15,000.

In an email to The Bee, Fresno County Spokesperson Sonja Dosti said: “The agreements for legal services that have been provided to the press and members of the public state the upper limit on legal fees that have been or will be paid. The amounts paid to Mr. Leighton have come from the general fund money budgeted to the District 5 account.”

Community advocates ask Fresno County to drop appeal

Last week, McCloskey and community activist Gloria Hernandez urged the board not to waste more money on the appeal — especially in light of county staff projections that state of California’s projected $37.9 billion deficit could impact the county.

They said the county needs to respect the wishes of voters who rejected a county measure on the March 5 primary election ballot that would have affirmed the Board of Supervisors’ local control over name changes of unincorporated county places.

“Stop paying that fancy attorney for something you know you’re gonna lose,” Hernandez said. “Apply that money to needed services.”

Hernandez also pointed out that thousands had been spend to put Measure B on the primary ballot. (Fresno County Clerk/Registrar of Voters James Kus told nonprofit news site Fresnoland, the failed Measure B cost taxpayers between $20,000 and $30,000.)

McCloskey said resisting the name change is just “stirring up a lot of animosity” in the community.

Magsig said the county has no plans to drop the appeal. He said it’s “very important” to have a determination on whether or not the Board of Supervisors has the right to bring a suit on behalf of its residents if they “are having their constitutional rights being violated through the name change.”

But he said he doesn’t anticipate any more money being allocated toward this lawsuit or further appeals.

On February 9, Fresno County filed a notice of appeal. During a hearing on Mar. 21, the case was denied an opportunity to mediate by a state appeals court, records show. Leighton said this is because the disagreement was on the constitutionality of a statute. He’s current in the process of submitting necessary procedural filings related to the appeal.