(The Center Square) – A Native American group is pleased with the U.S. Department of Education’s decision to refer an investigation into New York institutions to the Department of Justice over the use of Native mascots in public education.
The New York Department of Education (NYDE) and the New York State Board of Regents came under fire “for their unlawful attempt to ban mascots and logos that celebrate Native American history,” an investigation that is now referred “to the U.S. Department of Justice for enforcement,” according to an Education Department release.
Vice president of the Native American Guardian’s Association (NAGA) Frank Blackcloud told The Center Square that “NAGA strongly supports the U.S. Department of Education’s decision to refer this investigation to the Department of Justice.”
NAGA is a nonprofit collective of American Indians aiming to “reserve the rich legacy of [their] ancestors and ensure that American Indian names, symbols, and traditions are honored – not erased,” according to its website.
Blackcloud told The Center Square: “We view [this referral] as a crucial step towards upholding free speech and ensuring that policy decisions impacting Native American heritage consider diverse viewpoints within our communities.”
“Attempts to impose sweeping bans often disregard the many Native Americans, including NAGA members, who find these symbols honorable,” Blackcloud said.
“This referral allows for a more thorough and just examination, rather than a unilateral decree,” Blackcloud said.
Additionally, Blackcloud said that “banning Native American mascots and logos is wrong because, for many, they represent honor, strength, and pride.”
“Names like ‘Chiefs,’ ‘Braves,’ and ‘Redskins’ were chosen to evoke admirable qualities like leadership and courage,” Blackcloud said.
“NAGA believes equating these terms with derogatory slurs mischaracterizes their intent and historical usage for many Native people,” Blackcloud said.
“Crucially, a significant portion of Native Americans do not find these symbols offensive; instead, they find them empowering and a source of pride,” Blackcloud said.
“Such bans stifle respectful cultural expression and ignore these diverse voices, leading to an erasure of Native American visibility rather than fostering true understanding,” Blackcloud said.
The investigation against NYDE and the New York State Board of Regents came about after “allegations that the Board was violating federal antidiscrimination law by forcing the Massapequa School District to eliminate its ‘Chiefs’ mascot based on its association with Native American culture,” as stated by the Department of Education.
When reached for comment, the Massapequa Board of Education told The Center Square that the referral of the New York investigation to the Department of Justice “represents another major step towards victory in Massapequa’s fight against New York State.”
“We look forward to prevailing in court and invalidating the State’s unconstitutional, discriminatory regulation,” the Massapequa Board said.
“In Massapequa, we are Chiefs,” the Massapequa board said. “That’s not changing anytime soon.”
New York State Education Department spokesman JP O’Hare holds a different view of the investigation and referral. O’Hare told The Center Square that “the referral of this matter to the Department of Justice shows that USDOE’s investigation was a farce from the outset.”
“To the extent that any investigation took place, it represents a blatant attempt to do a political favor for the Massapequa Board of Education,” O’Hare said.
“Rather than wrestling over mascots, maybe we could all focus on what’s paramount, ensuring our schools are inclusive and respectful for every student,” O’Hare said.
U.S. Secretary of Education Linda McMahon said in a Department of Education release that “both the New York Department of Education and the Board of Regents violated federal antidiscrimination law and disrespected the people of Massapequa by implementing an absurd policy: prohibiting the use of Native American mascots while allowing mascots derived from European national origin.”
“Both of these entities continue to disrespect the people of Massapequa by refusing to come into compliance with the Office for Civil Rights’ proposed agreement to rectify their violations of civil rights law,” McMahon said.
Blackcloud told The Center Square that there are “complex and varied opinions within Native American communities on this topic.”
“NAGA advocates for accurate and honorable representation,” Blackcloud said and that “banning these symbols often inadvertently leads to greater invisibility for Native Americans in mainstream society, counteracting the very goal of recognition and respect.”
