|
|
|
|
Boycott Barona Casino!
Barona Indians Are
BAD
Neighbors!
"Power corrupts, and absolute power corrupts absolutely."
Lord Acton
"With great power comes great responsibility." Stan Lee
"If
the Barona Indians really wanted to be the good neighbors they
advertise themselves to be, they would close this track." A Barona
neighbor
"My
toddlers can't sleep because of the noise. We're renting, and
moving soon. I feel sorry for those who own houses here." A
Barona Neighbor, since moved.
"My doctor prescribed anti-anxiety medication because of the noise." A Barona Neighbor
"I can't sell my house because of the noise." A Barona Neighbor
“Calling noise a nuisance is
like calling smog an inconvenience. Noise must be considered a hazard
to the health of people everywhere.” U.S. Surgeon General Dr. William
Stewart, 1973
"Quiet is not appreciated until it is gone." A Barona Neighbor
"The tribe will not agree to
any discussion which seeks to deprive it of its sovereign authority to
decide what uses will be made of the lands of its federal Indian
reservation." Art Bunce, Attorney for the Barona Tribe
"History clearly demonstrates that when one people is able to control another people, those who have achieved that dominant position will use it to their advantage by habitually manipulating and abusing those under their control. This calls to mind the old saying, 'What good is power if you can’t abuse it.'” Steven Newcomb, Shawnee/Lenape, indigenous law research coordinator in the education department of the Sycuan Band of the Kumeyaay Nation in San Diego County, co-founder and co-director of the Indigenous Law Institute, and author of “Pagans in the Promise Land: Decoding the Doctrine of Christian Discovery” (Fulcrum Publishing, 2008)
History is filled with
examples of governments with great power, which led to abuse of that
power. Germany and Japan in the 1930's and 1940's come to
mind. Each had power over their neighbors, and they abused
it. While those situations were horrific with great loss of life,
the treatment we are experiencing at the hand of the Barona Indians is
similar: A group with power is abusing a group that is without power.
The Barona Band of
Mission Indians have great power and responsibility on their tribal
lands. If you follow their own advertising, they also claim to be
good neighbors. We, their neighbors, do not see them that
way. We see them as very bad neighbors, because even though they
know and understand how they are affecting our lives, they continue to
endorse, and even increase, the activities that are ruining our
lives. Please read on for more information, and judge for
yourself.
Note to the reader: If
you
consider the tone of this website to be harsh and wonder why it is that
way, please consider our
position. We have been trying for over 20 years to talk to the
Barona
Indians about this motocross track, and they ignore our pleas, polite
or otherwise. Ask yourself:
If you were in our position, and your home, the one place where there
should be peace and quiet, was being assaulted like this on a
daily basis, would you react any differently?

"Generosity, concern, and a spirit of sharing are embedded in Native American culture, and have long been cherished traditions of the Barona Band of Mission Indians. Lifestyle changes and the success of Barona Valley Ranch Resort & Casino have strengthened this tenet of open hand and heart, and today the Barona Band of Mission Indians embraces these traditions through countless charitable efforts." Source: 2007 Barona website, "About Us" "Community"
Generosity?
Concern?
Spirit of sharing?
The Barona Indian Tribe has
over
6000 acres of reservation land, much of it unused, yet they continue to
operate a noisy, dusty, environmentally disastrous motocross track 100
yards from our homes, even though we've asked them to move it for
nearly
30 years. Why won't they be the good neighbors they claim to be
and
simply move their track away from our homes? If this track is
such a good idea, why isn't it located right next to the casino?
They seem to give to
everyone else in the community, and it's quite substantial.
According
to the same Barona webpage, from 1996 to 2005 they gave away $6,632,000
in charitable contributions. In 2007, they gave away $3,250,000! That's right, nearly 10 million
dollars! How much would it cost to move this dirt
motocross
track? Maybe $5,000, probably even less.
Doesn't charity
start
at home?
Please read the
following brochure, from Summer 2008, keeping in mind the image the
Barona Tribe is trying to project. Then, read the rest of this
website and see if YOU agree that they are doing what they claim in
their brochure.






$3.25 MILLION of charitable contributions in 2007 alone? Why won't they move their track for a few thousand dollars?
Environment Connection?
How do they justify
a bulldozed motocross track in the bottom of a senstive
streambed? How does THAT help the environment?
Wellness Connection?
These people are driving us INSANE with the noise! How does that contribute to the health and well-being of the entire community?
Family Connection?
We have toddlers who can't sleep in the afternoon because of the noise. How is that pro-family?
Background
Problem
Who
is doing this to us?
Who
Was Here First, Motorcycles or Houses?
Noise
and Dust Tests
The
Past
Barona
Tribe Builds Paintball Park Without Permits!
Videos
and Photos of Noise and Dust
Environmental
Impacts
Solution:
Move the Track 1/2 Mile
We
are not the only ones with Barona problems!
Frequently
Asked Questions
Rumors
Messages
From Motorcyclists at the Track
We are approximately 75-100 households of the San Diego Country Estates adjacent to the north end of the Barona Indian Reservation in unincorporated San Diego County. Our community was laid out in 1973. That very same year, the Barona Indians, who now own the Barona Valley Ranch and Casino, opened a minibike track at the very northern edge of their reservation, as close as possible to our development. We believe the Barona Indians purposely chose this location due because it is as far away as possible from their own homes, even though there are 6,296 acres of mostly empty reservation land to choose from.
The track began as a MINIBIKE track, and as such, was relatively benign. Minibikes of the day didn't have much power and went pretty slow, so there wasn't much of a problem in the early years, although now "minibikes" are highly modified and noisy too.
As the years have passed, the now multi-millionaire Barona Casino Indian Tribe and the two Barona Tribemembers (Walter Banegas and Dayton Banegas) who operate the track as the Barona Oaks Motocross Park, have continually expanded the track to include full-size racing motorcycles, overnight camping with open fires, a snack bar, a public address system, a diesel pump and generator, and much more, to the point that the track is negatively impacting our lives, our health, and our property values. The overnight campers don't realize it, but we can hear their conversations at night. One of them even has a locomotive horn he likes to blast during the day and even at night.
The motorcycles have gotten much more powerful over the years, and all of them have modified exhausts for racing, which makes them extremely LOUD, which the county of San Diego has substantiated. See the report below. They have also increased their schedule from about once a month in the early days, to twice a month for the past 10 years, and now FOUR DAYS PER WEEK. Click here to see the schedule for yourself!
We can't take it any more.
Our homes have been devalued and rendered
unlivable
by the noise, dust, and exhaust pollution of this motocross
track.
Houses that back up to the track are virtually unsellable because of
the
noise. People who have put their houses up for sale in the past
two
years can't get potential buyers to even LOOK at their houses, because
the real estate agents know about the track and understand in advance
that
the house is unsellable, even though the neighborhood is otherwise very
good.
In 2007, the Washington Post
published an article about what it's like to live with noise. One
of the interesting facts is this: The World Health Organization reports
that noise creates "adrenaline and cortisol -- the body's so-called stress hormones. Those
hormones are part of the body's "fight or flight" response, which helps
a person deal with sudden emergencies. Blood pressure and heart rate go
up in preparation for action. The blood becomes thick with
oxygen-toting red blood cells. And the immune system gets suppressed as
part of the shift toward fulfilling short-term needs rather than
longer-term health. That response can be lifesaving in an attack,
but it is counterproductive when activated chronically. Over months and
years it can literally corrode the body, eating away at blood vessels
and other organs and predisposing a person to other medical woes."
Also, ""The idea that people get used to noise is a myth," the Environmental Protection Agency has reported. "Even when we think we have become accustomed to noise, biological changes still take place inside us."
In other words, we are being killed by this noise.
Read the whole article here: Washington Post
Who is responsible for all
this?
Two Barona tribe members operate the track: Walter Banegas and Dayton
Banegas, members of the Barona Indian Tribe. This is from their website:
Walter and Dayton Banegas have teamed up with the founder and operator
of the El Cajon MX Park to bring you an all new facility for 2009.
Barona Oaks MX is now open weekly on Wednesday, Thursday, Saturday and
Sunday from 9am to 5pm. Open practices will be run and split only if
necessary (no more waiting an hour to ride). We will be holding our own
racing events and will be working with other promoters to provide a
first class racing experience.
The track has been completely re-designed. We
have used the natural terrain to create a fast, wide, fun and
challenging layout while keeping the obstacles safe. The layout will be
changed monthly and the track will be groomed to perfection in order to
keep you coming back.
We will be doing everything we can do to
provide you a premier motocross facility in San Diego County. We hope
you will enjoy and support our facility.
Barona Oaks MX Management
The Barona Tribal Council approves all land uses on the reservation. These people are ultimately responsible and accountable for the noise, dust, and environmental degradation of this land. They are: Edwin "Thorpe" Romero, Chairman; Beth Glasco, Councilwoman; Charles "Beaver" Curo, Vice Chairman; Adam Reyes, Councilman; Edward Joseph Welch, Councilman; Linda Curo, Councilwoman; Brandon Banegas, Councilman.





Who Was Here First, Motorcycles or Houses?
Aerial Photos Show Timeline of Track vs. Houses
These are photos from the County of San Diego, available to anyone. They have not been altered by anyone other than the county, who added the red arrows to indicate the track location. These photos will put to rest the controversy over who was here first.
1974: Grading for the San Diego Country Estates has begun, as evidenced by the scars in the upper right corner of this photo.
THERE IS NO MOTOCROSS TRACK!

1976: There is no track, only street grading.

1978: Paved streets have been installed, a few houses have been built, and an unorganized set of trails at the track location has been started. There is no evidence of structures or a marked course.

The photographic evidence, provided by the County of San Diego, shows without a doubt, that the San Diego Country Estates started development YEARS before the Barona motocross track started. Anyone who says otherwise is misinformed or lying.
During late August and early September 2007, the County of San Diego conducted noise and dust testing in one of our neighbors yard.
The results were mixed: Noise is VERY high: 50 decibels is considered the maximum for rural county areas, and the noise was measured to exceed that limit 66 to 88 percent of the time during track operation, with a range over 12 decibels above the maximum.
Dust measurements during the test period were reported as "not excessive," due to the size of dust particles sampled. Only extremely fine particles of dust, PM2.5 and PM10, the type that would be inhaled and cause lung damage, were measured. The dust we get is larger particles, and trust us, it is very bad.
Here is a copy of the first page of the report. Email us for a copy of the full PDF file.

The United States EPA
once controlled noise pollution, but in 1982, transferred this
resposibility to state and local government. Well, when you live
next to a group who feels that state and local government has no
jurisdiction, what do you do? Here is the EPA text. Click here if you want to see it at the EPA website.
NOTE: In the past, the Environmental Protection Agency (EPA) coordinated all federal noise control activities through its Office of Noise Abatement and Control. However, In 1981, the Administration at that time concluded that noise issues were best handled at the State or local government level. As a result, the EPA phased out the office's funding in 1982 as part of a shift in federal noise control policy to transfer the primary responsibility of regulating noise to state and local governments. However, the Noise Control Act of 1972 and the Quiet Communities Act of 1978 were not rescinded by Congress and remain in effect today, although essentially unfunded. View more information about resources on noise pollution.
[EPA press release - April 2, 1974]
Noise levels requisite to protect public health and welfare against hearing loss, annoyance and activity interference were identified today by the Environmental Protection Agency. These noise levels are contained in a new EPA document, "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety."
One of the purposes of this document is to provide a basis for State and local governments' judgments in setting standards. In doing so the information contained in this document must be utilized along with other relevant factors. These factors include the balance between costs and benefits associated with setting standards at particular noise levels, the nature of the existing or projected noise problems in any particular area, the local aspirations and the means available to control environmental noise.
The document identifies a 24-hour exposure level of 70 decibels as the level of environmental noise which will prevent any measurable hearing loss over a lifetime. Likewise, levels of 55 decibels outdoors and 45 decibels indoors are identified as preventing activity interference and annoyance. These levels of noise are considered those which will permit spoken conversation and other activities such as sleeping, working and recreation, which are part of the daily human condition.
The levels are not single event, or "peak" levels. Instead, they represent averages of acoustic energy over periods of time such as 8 hours or 24 hours, and over long periods of time such as years. For example, occasional higher noise levels would be consistent with a 24-hour energy average of 70 decibels, so long as a sufficient amount of relative quiet is experienced for the remaining period of time.
Noise levels for various areas are identified according to the use
of the area. Levels of 45 decibels are associated with indoor
residential areas, hospitals and schools, whereas 55 decibels is
identified for certain outdoor areas where human activity takes place.
The level of 70 decibels is identified for all areas in order to
prevent hearing loss.
************************************************************************
The United States EPA says it's too noisy here!
The following is a narrative of some of what has transpired in the past seven years. Click the thumbnail images to open the letter full size and be sure to read all the letters. Depending on your browser settings, you may need to click the "View" command at the top of your screen, then move down to "Full Screen" in order to read the text at full size. Print them out if you wish. We are sure you'll see that we have legitimate concerns that the Barona Casino Indians are ignoring, and that they have actually lied to us about their intentions for the future use of this track.
April 15, 2000, politely asking the Barona Casino Indians for a meeting to discuss the problems with their racetrack. Click on the pages individually to open them.
May 11, 2000. A letter from the Barona Casino Indians' attorney flat-out rejecting any dialogue, and that by our suggesting mediation, we are attempting to dictate land policy to them. Click on the pages individually to open them.
July 6, 2000. A letter from the Barona Indians' attorney to our attorney, again telling us that there will be no meeting, and that the Barona Casino Indians are working on a "plan" to diminish the noise, which never materialized. Notice that they still insist on calling it a "mini-motorcycle" track, even though by that time there were full size motorcycles racing there. Click on the page to open it.
August 8, 2002. An internal email from a local resident expressing his frustration with the track. This is very typical of all our feelings. It appears that there was a meeting in which the Barona Tribal Council talked from both sides of their mouths, by claiming to want to be "good neighbors" while doing nothing to be a good neighbor. Click on the page to open it.
March 10, 2004. A letter addressed to members of the CMMC, discussing meetings on October 26 and December 7, 2003, in which there was dialogue of methods to help soften the noise and diminish the dust. The CMMC doesn't own the land, and won't spend any money to improve it. Click on the page to open it.
July 15, 2004. We wanted a noise study done to prove our point. It was expensive, so our homeowner's association paid half and the Barona Casino Indians paid half. Since they paid for half, they knew when the test was going to happen, and raced only mini-motorcycles that day, and left the PA system off. How convenient! How stupid and naive of us to trust the Barona Casino Indians! Click on the pages individually to open them.
Here is a closeup of the image on page 4 of the letter above. As you can see, no motorcycles or campers in sight! When they are racing a full schedule, you can see motorcycles flying and motorhomes and trailers all over, and the noise is deafening.

August 30, 2004. A letter from us to the Barona Casino Indians, asking nicely to get some relief from the noise and dust. The letter also states that all of the housing committee residents who were trying to broker a compromise have either sold and moved away, or have their houses for sale. Most had to sell below the appraised value, just to get out.
Supporting facts, photos and diagrams
This is an aerial view of the Barona Motocross Track in 1994. Notice how close the motorcycles are to the houses. At this point, there is one track, shared between minibikes and full-size motorcycles.

Here is a photo from May of 2002. Notice that the main track is getting bigger, and there is now a SEPARATE track for minibikes on the eastern side!

An aerial view from 2007. Notice how the track is snaking around even more and getting bigger. There are professional style starting gates (red-white roof, and white roof structures), a snack bar (green roof) and a diesel generator (white roof partially under trees).

Below is an aerial photo of the track in relation to our houses. As you can see, the motorcycles are VERY close to our homes. We can hear, see, and smell everything that goes on at that track! At night, we can even hear conversations from the overnight campers. One of these campers has a locomotive horn that he likes to blast all during the day, and even at night when it's very quiet. If that isn't harassment, I don't know what is!

Here is a current map view of the 5,180 acre Barona Indian Reservation, in the darker shade. As you can see, they located their motocross track AS FAR AWAY AS POSSIBLE from their own homes and their multi-million dollar BARONA RESORT AND CASINO, and AS CLOSE AS POSSIBLE to our homes! If having a motocross track next to your house isn't a problem, as the Barona Indians claim, why didn't they put the track close to where THEY live? How about right next to the BARONA RESORT AND CASINO, designated by the red star???? They KNOW the track is a nuisance (we've been saying that for over 30 years) and they don't want it anywhere near their homes or their casino.


This is video of the dust being generated. If you notice the flag, the wind is blowing that dust in our direction.