Legal battles over Native American mascots are being waged in both the professional and college sports arenas. The New York Times reports that the controversy over the Fighting Sioux of the University of North Dakota has gotten more complicated.
The National Collegiate Athletic Association advised the school, along with 17 other universities, to change its mascot three and half years ago, says Ashby Jones at the WSJ Law Blog. While other universities acquiesced, the Fighting Sioux fought back, filing a lawsuit against the NCAA.
The suit was starting to wind down, and the name was to change soon says the NYT, until members of the Sioux tribe decided to file a lawsuit of their own. To keep the name. They’re proud of it:
The members from Spirit Lake behind the lawsuit assert that many of the American Indians opposed to the Fighting Sioux nickname are simply from tribes other than the Sioux, and are jealous of all the recognition. (Opponents call this absurd.)
Eunice Davidson, 57, who says she is “full blood” and “grew up on this reservation” tells the New York Times: “I have to tell you, I am very, very honored that they would use the name.”
When we interviewed Amanda Blackhorse, a member of the Navajo Nation who has a petition pending before the Trademark Board about the Washington Redskins name, she expressed skepticism about Native Americans who defend tribal mascot names. She said they are in the minority.
This week, Fordham Law professor Sonia Katyal penned a column for Findlaw about the IP and First Amendment issues when it comes to racialized symbols. Why do we object to “Wong Brothers” but embrace the “Skins”?