Native American Group Challenges New York's Mascot Ban in Supreme Court

The Native American Guardian’s Association (NAGA) is preparing to escalate its legal challenge against New York's 2023 ban on the use of Native American names and imagery in public school mascots to the U.S. Supreme Court. This decision follows the dismissal of their lawsuit by a federal court in November 2023, which cited a "lack of standing," meaning NAGA was deemed not to have the legal right to contest the rule. NAGA argues that the ban is discriminatory and violates the 14th Amendment's guarantee of equal protection under the law.

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NAGA's attorney, Chap Petersen, has characterized the ban as "the dumbest law of all time," asserting that it unfairly targets Native Americans while allowing other ethnic names, such as "Vikings" and "Yankees," to remain in use. Petersen contends that the law is a form of racial discrimination and a violation of First Amendment rights regarding freedom of speech.

Native Americans Push Mascot Case Toward Supreme Court

The New York Board of Regents implemented the mascot ban in 2023, which NAGA claims is misleadingly labeled as a "mascot ban." The organization argues that the prohibition effectively aims to erase Native American imagery from schools, particularly affecting institutions like Massapequa High School, which has historical ties to Native American culture. NAGA's broader goal is to eliminate similar bans nationwide, including restoring names like the "Fighting Sioux" in North Dakota.

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In response to the court's dismissal, NAGA has expressed its intention to appeal to the Second Circuit Court of Appeals, viewing this as a necessary step toward a Supreme Court review. Petersen stated, "Winning this case should lead to the wholesale voiding of ‘Name Ban’ laws." He also called on New York Governor Kathy Hochul to intervene and halt the enforcement of the policy, emphasizing that it does not benefit anyone.

Native Americans Push Mascot Case Toward Supreme Court

While NAGA argues for the preservation of Native American mascots, the New York Board of Regents maintains that the ban is a necessary measure to promote inclusivity and respect for all cultures. Critics of NAGA's position may argue that the use of Native American imagery can perpetuate stereotypes and cultural appropriation.

Native American group vows Supreme Court fight over woke New York mascot ban

The dismissal of NAGA's lawsuit has raised questions about the legal standing of advocacy groups in challenging state policies. U.S. District Judge Sanket Bulsara noted that while NAGA does not have ownership rights to the Chiefs mascot, the ban itself "may have serious constitutional defects," suggesting that the law could face significant scrutiny in higher courts.

Native Americans Push Mascot Case Toward Supreme Court

• “Today, we take the next step in our journey to the United States Supreme Court, which is the only logical finish line,” — Chap Petersen, NAGA Counsel

Native American group vows Supreme Court fight over woke New York mascot ban

• “This is a racially discriminatory policy — it violates the 14th Amendment,” — Chap Petersen, NAGA Attorney

Native Americans backing LI Chiefs mascot vow to take case to US Supreme Court: ‘Dumbest law of all time’

• “NAGA has no greater right to license the Chiefs mascot than a random member of the public.” — Judge Sanket Bulsara

Native Americans backing LI Chiefs mascot vow to take case to US Supreme Court: ‘Dumbest law of all time’

As NAGA prepares for its next legal steps, the outcome of this case could have far-reaching implications for similar mascot bans across the United States.

Native American group vows Supreme Court fight over woke New York mascot ban