Native American advocates challenging New York state's ban on Indigenous school mascots say they are prepared to take their case to the Supreme Court.
The New York Post reported that the Native American Guardians Association, which supports schools such as Massapequa High School keeping Native American imagery, is appealing a lower court decision that upheld a 2023 prohibition issued by the New York State Board of Regents.
"We're moving ahead full steam," NAGA attorney Chap Petersen said, calling the policy "the dumbest law of all time."
"This is a case which begs for a determination by the U.S. Supreme Court," Petersen said.
NAGA's lawsuit was dismissed in November, but the group has since filed an appeal with the 2nd U.S. Circuit Court of Appeals and says it will continue pursuing the case.
"This is a racially discriminatory policy — it violates the 14th Amendment," Petersen said, arguing that the ban improperly classifies people based on race or ancestry.
"It's also a restriction on freedom of speech, which violates the First Amendment," he said.
Petersen urged New York Gov. Kathy Hochul to intervene and halt enforcement of the policy, saying: "This is one of the stupidest policies. It's not benefiting anybody."
He said the case ultimately hinges on Supreme Court review.
"There's no concept where white liberal people basically decide what's good or what's bad for certain groups of people and classify them in that respect. That will not stand up with this Supreme Court," Petersen said.
NAGA has argued that the mascot ban interferes with its contractual relationship with the Massapequa School District, including an agreement to provide Native American curriculum to students.
U.S. District Judge Sanket Bulsara rejected that claim, writing that NAGA has no ownership or trademark rights to the Chiefs mascot.
"NAGA has no greater right to license the Chiefs mascot than a random member of the public," Bulsara wrote.
The judge also raised concerns about the policy itself, however, stating it "may have serious constitutional defects" and appears to create a legal classification based on race or ancestry.
Bulsara also noted that the law may implicate the First Amendment rights of school officials, though he said those issues were not resolved in his ruling.
Petersen said the decision allows individual plaintiffs to continue challenging the policy and sets the stage for higher court review.
He also questioned why names such as the Vikings or Yankees remain acceptable while the Chiefs are banned, noting that New York state itself employs a "chief of staff."
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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