Native American Group Plans Supreme Court Lawsuit Over School Representation

A Native American advocacy organization focused on representation in educational settings, including Massapequa High School, announced last Wednesday its intent to file a lawsuit with the Supreme Court after a lower court dismissed their case last November.

The Native American Parents Association (NAGA) contends that the New York State Board of Regents’ 2023 regulation banning public schools from using Native American names and imagery is discriminatory and infringes on the Fourteenth Amendment, which ensures equal treatment under the law.

“We are moving forward to the United States Supreme Court, which is the most logical next step,” said NAGA attorney Chap Petersen in a statement. “This ‘Indigenous Name Ban’ is not only offensive but clearly unconstitutional. Its existence is a disgrace—not only to Native American communities but to all Americans.”

NAGA’s larger objective is to abolish such bans nationwide, hoping to see the reinstatement of names like North Dakota’s “Fighting Sioux.”

NAGA’s president, Clayton Anderson, noted that a legal victory would lead to the complete repeal of the “no-name” law, affecting the “Fighting Sioux” name and other related symbols.

After a U.S. district court dismissed their lawsuit on November 14, NAGA announced plans to appeal to the U.S. Court of Appeals for the Second Circuit, viewing this as a pathway to the Supreme Court.

NAGA argues that New York’s ban is inaccurately labeled a “mascot ban,” asserting that it unfairly targets Native Americans while similar bans do not apply to other ethnic names commonly used, like “Vikings,” “Patriots,” and “Yankees.”

“It had nothing to do with the mascot. It was essentially an attempt to erase Native American imagery from New York schools,” Petersen stated in a social media post.

The organization describes the legislation as a race-based classification that should face stringent evaluation, urging government entities to justify the law under strict legal criteria.

“They’re singling out one ethnicity, saying you can’t be celebrated by your team,” Petersen also mentioned. “This violates the 14th Amendment, which prohibits racial discrimination and guarantees equal protection under the law for everyone, regardless of race or ethnicity.”

In November, a judge dismissed NAGA’s lawsuit on grounds of “lack of standing,” which indicated the court believed NAGA did not have the legal right to contest the rules. However, NAGA asserts that the judge sidestepped making a fair ruling on the law itself.