DOE sues New York for allegedly violating civil rights law with Native American mascot ban

The US Department of Education (DOE) announced Friday that New York state has violated federal civil rights law by banning Native American school mascots while permitting mascots derived from other ethnic groups, reported Jurist. This comes after the DOE launched an investigation into the state’s mascot controversy last month.

The investigation was launched after The Native American Guardians Association (NAGA) filed a complaint with the DOE’s Office of Civil Rights (OCR), alleging that the New York Department of Education (NYDOE) and the New York Board of Regents (BOR) are violating federal civil rights law by forcing the Massapequa School District to eliminate its “Chiefs” mascot based on its association with Native American culture. In 2023 the BOR voted unanimously to adopt a NYDOE regulation that prohibits the use of Indigenous team names, mascots, and logos by public schools. Four Long Island school districts filed a federal lawsuit challenging the regulation, claiming that it violated their right to free speech under the First Amendment. The lawsuit was dismissed by a federal district court judge in March, finding that the school districts did not provide enough evidence that the policy infringed on First Amendment rights.

In its subsequent investigation, the OCR concluded that New York’s policy was in violation of Title VI of the Civil Rights Act of 1964 because it bans names, mascots, and logos based on Native American race and national origin, but does not ban those “that appear to have been derived from other racial or ethnic groups, such as the ‘Dutchmen’ and the ‘Huguenots.'” Title VI prohibits discrimination based on “race, color, religion, sex or national origin” in programs and activities that receive federal financial assistance. Secretary of Education Linda McMahon stated in Friday’s press release:

Rather than focus on learning outcomes, the New York Department of Education and Board of Regents has set its sights on erasing Massapequa’s history—while turning a blind eye to other districts’ mascots that are derived from or connected to other racial or ethnic groups. We will stand with the people of Massapequa until commonsense is restored and justice is served, and until New York comes into compliance with federal law.

The OCR states that New York must rescind the regulation prohibiting the use of Indigenous mascots. The OCR also demands that the state issue letters of apology to Indigenous tribes which acknowledge the BOR “violated Title VI by discriminating against Native Americans” and “silenced the voices of Native Americans and attempted to erase Native American history.” If these conditions are not met within ten days, the DOE notes that it may refer the matter to the Department of Justice (DOJ) for enforcement proceedings, and federal funding may be pulled from the state.

This comes amidst a spate of legal actions surround the DOE. Last month, a federal judge in New Hampshire granted a preliminary injunction that blocks the DOE from withholding federal funding from schools that implement diversity, equity, and inclusion (DEI) initiatives. In March, a coalition of Democratic-led states filed a lawsuit against the Trump administration for sweeping layoffs across the DOE, stating that the layoffs represent an illegal dismantling of an agency created by Congress. Executive Order 14242, signed March 20, outlines President Donald Trump’s intention to close the DOE.

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