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Cholla Ready Mix, Inc. v. Civish

ELR Citation: 34 ELR 20085
Nos. No. 03-15423, (9th Cir., 09/01/2004)

The Ninth Circuit upheld the dismissal of a company's complaint alleging that Arizona state officials' policy against using materials mined from Woodruff Butte in state construction projects violates the company's constitutional rights. The Establishment Clause does not bar the government from protecting an historically and culturally important site simply because the site's importance derives at least in part from its sacredness to certain Native American groups. The policy does not convey endorsement or approval of the tribe's religions. Accommodating religious practices that do not amount to an endorsement is not a violation of the Establishment Clause. Nor has the company alleged facts that would support an inference that the officials' actions foster excessive government entanglement with religion. Moreover, the company failed to state a claim that its federal civil rights were violated, and its state-law claims were barred by the Eleventh Amendment.