Native American mascot laws and regulations

The use of terms and images referring to Native Americans/First Nations as the name or mascot for a sports team is a topic of public controversy in the United States and in Canada, arising as part of the Native American/First Nations civil rights movements. Since the 1960s, there have been a number of protests and other actions by Native Americans and others targeting the more prominent use of such names and images by professional franchises such as the Cleveland Indians and the Washington Redskins.[1] However, discourse surrounding mascot usage by elementary, middle, and high schools has been prominent, as these entities are subject to public legislation and community input.[2]

Main article: Native American mascot controversy

The greatest and most rapid change has occurred in the trend by school and college teams that have retired Native American names and mascots in recent decades. A database published in 2013 by the National Congress of Indians (NCAI) indicates that there are currently more than 2,000 secondary schools with mascots that reference Native American culture,[3] compared to around 3,000 fifty years ago.[4] Statewide laws or school board decisions mandating change have been passed in states with significant Native American population; other states also have official policies that encourage change in accordance with principles of establishing a proper environment for education. However, there has also been resistance and backlash, usually when statewide laws have been viewed as an intrusion into local communities, where no need for change has been established.[5]

The documents most often cited to justifying the trend for change are an advisory opinion by the United States Commission on Civil Rights in 2001[6] and a resolution by the American Psychological Association in 2005.[7] Both support the views of Native American organizations and individuals that such mascots maintaining harmful stereotypes that are discriminatory and cause harm by distorting the past and preventing understanding of Native American/First Nations peoples in the present.[6][7]

Native mascots are also part of the larger issues of cultural appropriation and the violation of indigenous intellectual property rights, which includes all instances where non-natives use indigenous music, art, costumes, etc. in entertainment or other performances. It has been argued that harm to Native Americans occurs because the appropriation of Native culture by the majority society continues the systems of dominance and subordination that have been used to colonize, assimilate, and oppress indigenous groups.[8]

Defenders of the current usage often state their intention to honor Native Americans by referring to positive traits, such as fighting spirit and being aggressive, brave, stoic, dedicated, and proud; while opponents see these traits as being based upon stereotypes of Native Americans as savages.[1] Supporters also state that the issue is not important, being only about sports, and that the opposition is nothing more than "political correctness", which change advocates argue ignores the extensive evidence of harmful effects of stereotypes and bias.[9]

Rex P. Shipp, the state representative for Cedar City, Utah, has introduced a joint resolution supporting "the appropriate use of names, images, and symbols of Native Americans and other indigenous people by schools or places" and discouraging "removing names, images, and symbols of Native Americans and other indigenous people from schools or places".[10] While the resolution would not have the force of law, the chairman of the Northwestern Band of the Shoshone Nation and the tribal chairperson of the Paiute Indian Tribe of Utah condemned the resolution.[11] A similar resolution may be introduced in Idaho.[12]

Arizona

A Native American legislator has proposed a bill that would ban the use of a sports team name or logo at a publicly funded stadium if any Arizona tribe found it to be disparaging. While primarily aimed at the Washington Redskins, the ban could effect other professional and amateur teams.[13]

California

Upon introducing a bill[14] to ban, as of January 2017, the Redskins name used by high schools in the state of California, Assemblyman Luis Alejo stated that there is "no reason why we can't ... phase out that particular derogatory term from our public high schools".[15] The four affected high schools were Tulare Union High School, Gustine High School, Calaveras High School, and Chowchilla Union High School.[16] Governor Jerry Brown signed the bill into law on October 11, 2015. While specifically targeting only the name "Redskins", the California Racial Mascot Act states "The use of racially derogatory or discriminatory school or athletic team names, mascots, or nicknames in California public schools is antithetical to the California school mission of providing an equal education to all."[17] In response, the Bakersfield City School District opened a discussion regarding the use of Native American imagery at two of its elementary schools.[18] Both schools will continue using the name "Warriors" but will replace any Native American imagery with logos based upon their school's initials.[19]

Gustine High became the first to implement a change in February 2016; becoming the "Reds", the name used by the school from 1913 to 1936, but changed due to its association with communism.[20][5]

After a vote between four alternatives, Calaveras High School has selected to remove the Redskins name, but not replace it. The logo featuring a Native American will be retained.[21] The Tulare school board began the process by surveying the public. The local Tule River Indian tribe was also consulted.[22] The committee selected "The Tribe" as its top choice in April 2016. The school principal stated their intention to retain Native American imagery as much as possible.[23] The Tulare Joint Union High School District board of trustees voted 3-2 for "Tribe" as the new mascot in June 2016.[24] Chowchilla Union High School put off its decision until November 2016, after the celebration of the 100th anniversary of the school in October.[25] The Chowchilla team name will be "Tribe", retaining their logo and Native American imagery.[26]

As of the January 2017 deadline, the four schools have complied with the letter of the law but not the spirit, retaining their Native American imagery and behavior, including a female student portraying an Indian Pricess in a floor length war bonnet and fans whopping and tomahawk chopping at games. With the agreement of the local government, Chowchilla has added "Redskins Way" signs to the streets leading to the school and insist they are maintaining a proud tradition that honors Native Americans, even as tribal members state that these practices trivialize and misrepresent the factual history of Native Americans in California.[27] Calaveras, which has selected no official team name, is calling itself "the Mighty Reds" on its web site while retaining its prior logo.[28]

School alumni continue to use the name and wear their Redskins apparel at games, and cite the lack of Native American opposition to the name as justification. Such opposition exists, however. Joely Proudfit, chair of the American Indian Studies Department at California State University in San Marcos and member of the Luiseño/Payomkowishum tribe: "There's no redeeming quality of the word 'Redskin' but to try to soften the blow by using 'Tribe' or 'Indian' or 'Warrior' is nonsensical. It just shows that the proponents of keeping these types of words in there don't understand or refuse to understand the harmful effects of stereotyping one particular population."[5]

Colorado

In 2014 State lawmakers in Colorado began considering a bill that rather than a complete ban, would deny state funding to schools on a case by case basis, depending upon the name, logo, and local Native American support.[29] Getting ahead of any potential law, Loveland High School in Loveland, Colorado, is "looking to a Lakota Sioux tribe for help creating a new mascot and a hands-on lesson in history and culture for the school."[30] Although passed by the House by one vote, the bill failed in a Colorado Senate committee.[31] Colorado Governor John Hickenlooper has created by executive order a commission that will hold meetings where local community members, state agencies and Native Americans can seek to find common ground on the mascot issue.[32] An example of local action is at Cheyenne Mountain High School, Colorado Springs, Colorado; which has taken action to eliminate stereotyping, including doing the tomahawk chop, or wearing warpaint and headdresses at games.[33]

Ernest House, executive director of the Colorado Commission on Indian Affairs, said the Supreme Court of the United States ruling which may restore the Washington Redskin trademark protection did not end the debate on whether Colorado schools should use mascots that evoke ethnic images.[34]

Florida

The Hillsborough County School District, which includes Tampa, Florida, voted in May 2019 to examine all school mascots that use Native American names or logos. Five elementary and one middle school will select new mascots. Two high schools, George D. Chamberlain High School (Chiefs) and the East Bay High School (Indians) will keep their logos and names, but must stop doing chants and dances that invoke Native American rituals.[35] However, after announcement of the decision, the response from some members of the public lead to meetings at which various opinions for and against change were expressed.[36]

Connecticut

The Speaker of the House Joe Aresimowicz announced the consideration of legislation to ban all Native American nicknames and logos in Connecticut. Aresimowicz cited the October 2019 decision of the Killingly school board to change their "Redmen" mascot followed by the January 2020 reversion of that decision by newly elected Republican officials "a mockery of the process". A statewide ban would effect 19 high schools, including Killingly.[37]

Maine

The Maine Education Department issued a notice in 2019 urging schools to refrain from using mascots and logos depicting Native Americans.[38] After receiving statements in opposition to the "Indians" name from the Penobscot Nation and the ACLU of Maine, the school board voted in March 2019 to eliminate the mascot at Skowhegan Area High School.[39] With the elimination of Native American imagery associated with the "Warriors" name at other high schools, Maine became the first state to eliminate indigenous mascots in all secondary schools.[40] However, there continues to be local support for restoring the mascot in Skowhegan.[41] Concurrent with local efforts, a bill to ban Native mascots statewide passed the Maine House of Representatives and Senate[42] and was signed into law by Governor Janet Mills in May, 2019.[43] The community of Salem Township is supportive of the change of the Strong Elementary School "Indians", the principal stating that half the students were not aware of the mascot name.[44]

Massachusetts

In 2017 a bill has been introduced in the legislature to amend the General Laws of the Commonwealth to add a section prohibiting the use of Native American mascots by public schools, which are defined as "A name, symbol, or image that depicts or refers to an American Indian tribe, individual, custom, or tradition that is used by a public school as a mascot, nickname, logo, letterhead, or team name".[45] The team names "Redskins", "Savages," "Indians," "Indianettes," "Chiefs," "Chieftains," "Braves," or "Redmen" are specifically prohibited.[45] Failing to emerge from committee last year, the bill has been reintroduced for the 2019-20 session[46]

Michigan

The Michigan State Board of Education issued in 2003, and reaffirmed in 2010, a resolution that "supports and strongly recommends the elimination of American Indian mascots, nicknames, logos, fight songs, insignias, antics, and team descriptors by all Michigan schools."[47]

In February 2013, the Michigan Department of Civil Rights (MDCR) filed a complaint with the US Department of Education's Office for Civil Rights (OCR). MDCR's complaint asserts that new research clearly establishes that use of American Indian imagery negatively impacts student learning, creating an unequal learning environment in violation of Article VI of the Civil Rights Act of 1964.[48] In June 2013, the OCR dismissed the case on the basis that the legal standard required not only harm, but the intent to do harm, which was not established.[49] One of the schools named in the MDCR complaint, Saranac Community Schools in Ionia County, Michigan plans to retain the name Redskins but has replaced the logo on its uniforms with a "Dreamcatcher" and the band will no longer play the "Tomahawk Song" at games.[50]

The cost of removing Native American imagery has been a barrier to change, but a new Michigan Native American Heritage Fund will receive money for such changes due an amendment to the Tribal-State Gaming Compact between the Nottawaseppi Huron Band of the Potawatomi (NHBP) and the State of Michigan.[51]

In March, 2017 the State Superintendent requested an opinion from the Michigan Attorney General whether he had the authority to fine school districts that failed to remove Native American mascots and logos that advocates argue are degrading and culturally insensitive.[52] The Attorney General responded in July, 2017 that the Superintendent did not have the authority to impose such fines.[53] Schools that consider their use of Native American imagery to be respectful include Huron High School in New Boston (Chiefs), Woodhaven High School in Brownstown Township (Warriors), and Roosevelt High School in Wyandotte. While the Wyandotte mascot is "Bears", their marching band is the "Marching Chiefs" with a Native American logo.[54]

In 2017 a bill to ban the name Redskins was introduced in the Senate by Sen. Wayne Schmidt who represents a district which includes five tribal governments that support the ban.[55] Also in 2017, Rep. Jewell Jones introduced a bill to ban all Native American mascots in Michigan.[56] However, neither bill progressed beyond committee assignment.[57][58]

Nebraska

The Legislature's State-Tribal Relations Committee is considering what action to take regarding Native American mascots in Nebraska, including a possible statewide requirement to eliminate them. Native tribes favor a requirement, while some legislators prefer allowing it to be a local decision.[59]

New York

In 2001, the New York State Education Department (NYSED) sent a letter to all Presidents of Boards of Education and Superintendents of Public Schools in the state with the results of a study concluding that, while the use of Native American symbols is part of the deeply felt traditions in some communities, and many believe that mascots honor or pay tribute to Native Americans and their culture; most Native Americans appear to find the portrayal by others of their treasured cultural and religious symbols disparaging and disrespectful. Local schools should therefore proceed to eliminate Native American mascots as soon as practicable.[60] While there were a few changes, the majority of schools in New York have retained their mascots.

An exceptional case is the Salamanca Central High School "Warriors" in the city of Salamanca, New York. The city is within the boundaries of the Allegany Indian Reservation of the Seneca Nation of Indians, and 26% of the high school students are Native American. In response to the NYSED letter, the Seneca Nation Tribal Council joined with other members of the community in seeking to retain the Warrior imagery, although with individual differences of opinion. Salamanca may be unique in having a mixed but not fully integrated community, with the Warrior identity combining elements negotiated between the Seneca and non-Seneca population. For example, the school logo now depicts a Seneca man, replacing the stereotypical Plains Indian warrior image that was used prior to 1978.[61]

Oregon

On May 17, 2012, the Oregon State Board of Education voted 5–1 to adopt a rule prohibiting Oregon public schools from using Native American names, symbols, or images as school mascots; giving schools until July 1, 2017 to comply. Fifteen high schools using the nicknames Indians, Warriors, Braves and Chieftains were affected.[62] However, Native American response was not unanimous; out of nine Federally recognized tribes in the state, two voiced opposition to the statewide ban on the basis of tribal sovereignty. Leaders said that there might have been an opportunity for developing an educational program for all students to learn about true native culture.[63] In 2014 a state law was passed allowing schools to consult with nearby Native American tribes on acceptable names and imagery.[64] While some Native Americans support such relationships with their local schools, Native American students who compete in athletics with these schools state that they are sometimes uncomfortable with the imagery used,[65] and some groups maintain that the use of Native mascots needs to end everywhere.[66] "These mascots undermine the educational experience of all students, particularly those with little or no contact with indigenous or native Alaskan peoples," said Se-Ah-Dom Edmo, interim president of the Oregon Indian Education Association.[67]

In May 2015 the Board of Education unanimously voted down an amendment that would have allowed schools to retain their current names and mascots, maintaining the 2017 deadline for change.[68] However, in January 2016 the board decided to grant exemptions to schools if they work out agreements with local tribes.[69] Two schools have decided not to seek the approval of any tribe, citing the difficulty of doing so.[70] The Fort Vannoy Elementary "Indians" (now the "Nobles") and Fleming Middle School "Rogues" (now the "Cavaliers"), both in the Three Rivers School District have changed their mascots. Rather than seek approval from any of the many tribes in the area, The Dalles High School decided to change from the "Eagle Indians" to become the Riverhawks in 2014.[71] Warrenton High School now uses a generic sword and shield logo while retaining its Warriors name.[72]

The Confederated Tribes of Grand Ronde[73] entered into negotiations with four high schools on the conditions of removing some imagery and implementing a native history curriculum: Banks High School[74] Mohawk High School,[75] Molalla High School[76] and Scappoose High School.[77] However, after further consideration, Mohawk High School in Marcola, Oregon will drop its "Mohawk Indian" name because its imagery refers to an east coast tribe, the only connection being the local Mohawk Valley.[78] In 2019, the school board is considering changing the name of the school and the school district in addition to removing a mural using Native American imagery.[79]

The Marcola school board has tentatively select "Mustangs" as the new mascot.[80] The agreement with Banks High School includes replacement of the old logo featuring a Native American in profile with one using inverse Bs in the shape of an arrowhead, which was designed with assistance from Nike marketing and graphics employees. The Department of Education Government and Legal Affairs Manager recommended acceptance of the agreement at an initial hearing on February 23, 2017.[81] It is estimated that removal of the old Braves logo from the building and uniforms will cost $95,000 over the next five years.[82]

The Oregon State Board of Education approved the Philomath School District's five-year agreement with the Confederated Tribes of Siletz Indians for the continued use of the high school's Warriors and the middle school's Braves. Also approved was an agreement with the Amity High School Warriors.[83] The Siletz were one of the tribes that opposed the original 2012 ban, and wants the Siletz Valley Charter School in the town adjacent to the Siletz Reservation to remain the Warriors.[84] Rogue River High School has eliminated their image of a Native American, using instead a spear.[85] In exchange for retaining their Chieftains mascot, Rogue River will add a curriculum on true Native American history, and specifically, the Siletz tribal history.[86]

Roseburg High School would remain the Indians with the agreement of the Cow Creek Band of Umpqua Tribe of Indians.[87]

The Reedsport Community Charter School Braves sought tribal approval.[88] However, three local tribes; the Coos, Lower Umpqua and Siuslaw, the Coquille, and the Siletz do not agree that the "Reedsport Braves" is honorable way to represent their tribes. In an effort to retain part of their tradition, some in the community are thinking of changing to "Brave" and eliminating all Native American imagery.[89] At a meeting of the residents and the school's Native American Name and Image Committee, one of the committee members asked how many preferred no change, with an overwhelming majority of those present agreeing. However, it was stated that was not an option.[90]

Schools with the Warrior team name may keep it by removing any Native American imagery: Lebanon High School and Oakridge High School.[91] At Lebanon, only Native images deemed to be artwork not associated with the team will remain.[92] However, the state has issued a notice of non-compliance to North Douglas High School, although the school superintendent has stated that all Native American references have been removed.[93]

South Dakota

In January 2016 the South Dakota High School Activities Association passed a resolution asking all schools in the state to drop Native American nicknames and mascots.[94] A bill was introduced in the South Dakota Legislature "to prohibit school districts from using school or athletic team names, mascots, or nicknames that are determined to be racially derogatory or discriminatory",[95] but failed to pass by a vote of 22 to 46.[96] A bill to ban discriminatory mascots was introduced in 2020, but failed in committee.[97]

Tennessee

Opposing the trend for change, in response to the Tennessee Commission of Indian Affairs (TCIA) seeking a ban on certain race-based mascots in the state through the Tennessee Human Rights Commission, the 2007 Tennessee Legislature passed a law that: "state agencies may not require, prohibit, or impair the right of any public or private institution to continue to honor certain persons or cultures through the use of symbols, names, and mascots." Public Chapter 371, 2007.[98] One of the dissenting legislators characterized the law as protection for bullies who want to continue to insult and degrade Native Americans. The TCIA also opposed the law, stating in their testimony that it denies Native Americans equal protection under the law and the right to defend their sacred ceremonies and artifacts from misuse and caricature.[99]

Texas

In December 2013 the Houston Independent School District by unanimous vote passed a preliminary plan to eliminate all ethnically sensitive names and mascots, one of which is the Lamar High School Redskins.[100][101] The Washington Redskins issued a statement repeating its position that such names are not offensive to many Native Americans, but rather are a source of pride.[102] In April 2014 the schools affected by the policy announced new names: the Lamar High School Redskins will become the Texans, both the Hamilton Middle School Indians and Westbury High School Rebels will be the Huskies and the Welch Middle School Warriors will be the Wolf Pack. The initial cost of the change was $50,000 for new fall uniforms, and there will be additional costs such as changing names and logos on facilities.[103] The total cost is estimated to be $250,000.[104] However it was noted that team uniforms are periodically replaced anyway, so the cost is not due only to the name changes.[105] "The moral cost to our reputation as a diverse district -- where we care about the sensitivities of every single individual -- would be incalculable if we were not to do this," HISD superintendent Terry Grier said.[106]

Washington

On September 24, 1993 the Washington State Board of Education (WSBE) passed a resolution encouraging all state schools to end the use of Native American mascots[107] This was reiterated by a similar resolution in 2012.[108][109]

In the absence of mandatory regulations, change has come only as individual schools have addressed the issue. Bellingham High School had a Native American mascot until it was closed for renovation. When it reopened in 2000, the mascot was changed to a bird of prey, but the name "Red Raiders" was retained. The Seattle-area Issaquah School District adopted a policy banning symbols based on racial stereotypes; resulting in a change of the Issaquah High School team from the "Indians" to the "Eagles" in 2003 over the protest of some students.[110] The "Indian Head" logo used by the Clover Park High School "Warriors" has been replaced by a block "CP" with a spear.

Wisconsin

In 2010 a law was passed in Wisconsin to eliminate race-based nicknames, logos and mascots in schools; but allowing retention if they have the permission of local Native American tribes. Many mascots were changed either voluntarily or in response to complaints.[111] However, in October 2013 the law was changed to make it more difficult by requiring the complainant to collect signatures of 10% of the school district's population and prove discrimination, while under the 2010 law only one petitioner is needed, and the burden of proof was on the school to disprove racism.[112] Although now allowed to do so, some schools that have already made a change have decided not to restore their prior mascots.[113] Native American groups opposed the change in the law.[114][115] Delivering the State of the Tribes address to the Wisconsin legislature in March 2015; Mole Lake Sokaogon Chairman Chris McGeshik stated: "We believe the recent decision to override the progress made with the state in regard to the school mascots to be a mockery of the indigenous people in the state and around America."[116]

In his 2019 State of the Tribes address, Oneida Nation Chairman Tehassi Hill proposed amending Wisconsin Education Act 31,[117] which requires instruction on the history, culture and tribal sovereignty of the federally recognized tribes located in the State, to focus on the removal of Native American imagery in public facilities; stating "Teach respect, not racism".[118][119]

Prompted by the concerns of Native Americans, the Madison Metropolitan School District in Wisconsin has implemented a policy banning student clothing having "words, pictures, or caricatures based on negative stereotypes of a specific gender, ethnicity, nationality, religion, sexual orientation or disability", which would ban all sports apparel displaying Native American mascot names, images or logos.[120] However the ban may not pass the legal test that freedom of speech does not allow for a ban on expression unless there is a "substantial disruption of the educational mission".[121] Visiting athletic teams will also be asked to leave behind Native American mascots and logos, otherwise the game could be canceled.[122]

A 2019 resolution to ban Native mascots statewide was addressed to the Wisconsin Association of School Boards.[123] The resolution has the support of the Appleton Area School District,[124] Madison Metropolitan School District, the Wausau School District[125] and the Lacrosse School Board,[126] with additional school boards scheduled to add their support.[127]

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