A Native American group combating for faculties reminiscent of Massapequa Excessive on Lengthy Island to maintain their indigenous mascots says it’s ready to take its case to the US Supreme Court docket.
“We’re shifting forward full steam,” Native American Guardians Affiliation lawyer Chap Petersen informed The Publish — calling New York’s ban on such mascots “the dumbest regulation of all time.
“It is a case which begs for a dedication by the US Supreme Court docket,” Petersen stated.
NAGA had its lawsuit towards the New York State Board of Regents’ controversial 2023 prohibition dismissed in November however has not too long ago filed an enchantment with the second circuit courtroom, vowing to proceed its authorized battle in any respect prices.
“It is a racially discriminatory coverage — it violates the 14th Modification,” Peterson stated, referring to the US Structure safety that claims, “No State shall make or implement any regulation which shall abridge the privileges or immunities of residents of america.”
“It’s additionally a restriction on freedom of speech, which violates the First Modification,” the lawyer stated.
“I’d name on Governor Hochul to only step again and inform the Board of Regents to face down. This is among the stupidest insurance policies. It’s not benefiting anyone,” he stated.
Petersen added that, “No ruling on this case issues till we get to the US Supreme Court docket.
“This Supreme Court docket has been so strong on this concept that there isn’t a idea of excellent discrimination,” he stated.
“There’s no idea the place white liberal individuals mainly determine what’s good or what’s dangerous for sure teams of individuals and classify them in that respect. That won’t get up with this supreme courtroom.”
NAGA, whose members joined US Secretary of Schooling Linda McMahon at Massapequa Excessive College in Might, had filed a request for a preliminary injunction towards the regents board in courtroom in the summertime.
Massapequa’s identify is of Native American origin, as are these of a number of different areas on Lengthy Island, because of the area’s earliest settlers.
It was across the similar time that the group entered right into a contract with the Massapequa College District to offer Native American curriculum to its college students.
NAGA, in arguing towards the district’s Native American mascot ban, additionally claimed that the prohibition interfered with its proper to say the imagery as its personal via a contract with Massapequa.
Federal Decide Sanket Bulsara shot down that place within the fall.
“NAGA has no proper to the Chiefs mascot. It doesn’t personal it or have a trademark on it,” he wrote in courtroom papers.
“NAGA has no better proper to license the Chiefs mascot than a random member of the general public.”
However Bulsara additionally railed towards the emblem ban itself, writing that it “might have critical constitutional defects.
“It seems to enact a authorized classification primarily based on race or ancestry, which topics it to essentially the most demanding type of judicial scrutiny,” the choose wrote.
One in every of Petersen’s factors on freedom of speech was additionally addressed within the November ruling.
“The regulation may abridge the First Modification free speech rights of Massapequa College Board members and District staff,” Bulsara stated.
“These troublesome questions, nonetheless, are usually not the topic of this opinion,” he added.
Petersen stated Bulsara’s stance “has mainly set the desk for us to take this to the subsequent stage.”
Though the choose’s ruling went towards NAGA, it did permit particular person plaintiffs to proceed authorized motion towards New York.
Petersen argued that there’s a double commonplace on the subject of workforce names such because the Vikings and the Yankees, that are socially acceptable whereas the Chiefs are usually not within the Empire State.
He laughed at the truth that New York state authorities formally has a “chief of employees.”
“The Kansas Metropolis Chiefs have been round for 60-some years. I don’t suppose anybody’s claiming that they’re inflicting anyone emotional trauma — perhaps their fan base this yr,” he stated jokingly.
“However the backside line is, that is simply the dumbest regulation of all time.”
