Education Policy and the Courts

The Native American Guardian’s Association (NAGA), which supports keeping Native‑themed school names and imagery, says it is preparing to take its lawsuit over New York’s 2023 public‑school mascot ban to the U.S. Supreme Court after a federal district judge dismissed the case for lack of standing on Nov. 14. NAGA’s suit targets a New York Board of Regents rule that bars Native American names and imagery in school branding, and argues the ban violates the 14th Amendment’s Equal Protection Clause by singling out Native references while allowing other ethnic or cultural team names such as Vikings, Patriots and Yankees. Counsel Chap Petersen and NAGA President Clayton Anderson, a member of the Hidatsa Tribe, contend the rule is a race‑based classification that should be subject to strict scrutiny and say their broader aim is to invalidate similar 'name ban' laws nationwide, including those that led to the University of North Dakota dropping its 'Fighting Sioux' name. The organization plans to first appeal to the U.S. Court of Appeals for the Second Circuit, framing that step as part of a deliberate path toward a Supreme Court test of whether states can prohibit Native‑related sports names and imagery. The fight comes amid wider national disputes over school mascots and Native representation, where tribes, alumni and civil‑rights advocates are divided between seeing such imagery as harmful stereotypes or as forms of recognition and honor.