Groups representing Native Americans are ready to take their fight over school mascots, including the Chiefs at Massapequa High School, all the way to the U.S. Supreme Court.
Chap Petersen, an attorney for the Native American Guardian Association (NAGA), expressed their determination, calling New York City’s ban on these mascots “the stupidest law in history.”
Petersen stated, “This is a case that needs to be decided by the U.S. Supreme Court.”
NAGA had a lawsuit thrown out against the New York State Board of Regents regarding the contentious 2023 ban, but they recently appealed to the Second Circuit, promising to keep fighting regardless of the cost.
Petersen argued that the ban is a racist policy that breaches the 14th Amendment, which safeguards citizens’ rights. He emphasized that it also restricts free speech, violating the First Amendment.
“I urge Governor Hochul to stand back and inform the Board of Regents of his resignation. This policy is completely misguided,” he added.
He underscored that “no decision in this case matters until it reaches the U.S. Supreme Court.” According to him, the Supreme Court has established that the concept of discrimination can’t be deemed as ‘good.’
Petersen criticized what he views as a disconnect among some liberal advocates, suggesting they don’t truly understand the implications of their policies on these groups. “That cannot stand up to this Supreme Court,” he remarked.
NAGA members had met with U.S. Secretary of Education Linda McMahon at Massapequa High School previously, but they filed for a preliminary injunction against the Board of Regents over the summer. Notably, the name Massapequa comes from Native American origins, reflective of the area’s history.
At the same time, NAGA had engaged in a partnership with the Massapequa School District to provide a Native American curriculum to students. They opposed the district’s prohibition on these mascots, arguing it infringes on Massapequa’s right to use the image due to their contract.
A Federal Judge, Sanket Bulsara, dismissed certain claims in the fall, stating that NAGA does not hold any rights or trademarks to the Chiefs mascot. He pointed out that “NAGA has no more right to license the Chiefs mascot than a random member of the public.” However, he also criticized the ban, suggesting it might contain serious constitutional issues related to race and ancestry.
In his November ruling, he noted the potential impact on the First Amendment rights of school board members and district employees, though he said these challenging issues weren’t the main focus of his opinion.
Petersen saw the judge’s comments as a sign that they could advance their case further. Despite the ruling not favoring NAGA, it did allow individual plaintiffs to continue their legal actions against New York state.
Petersen pointed out what he perceives as a double standard in how team names are treated—citing the Vikings and Yankees as acceptable, while the Chiefs face scrutiny. He humorously noted that New York has a “chief of staff,” highlighting an inconsistency in the governmental stance.
Then he quipped about the Kansas City Chiefs having a longstanding legacy, suggesting that they are hardly a source of trauma for anyone—perhaps except for their fans this season.
“But the bottom line is this is simply the stupidest law in history,” he concluded.
