School ban on tribal nicknames upheld

The Seattle Post-Intelligencer ^ | 3/11/03 | Deborah Bach

[ppaul]

There will be no Indians, no Braves and no Chiefs at Seattle's public schools after a King County Superior Court judge yesterday upheld a school district policy banning the use of tribal names for school monikers and mascots.

Judge James Doerty dismissed an appeal of the policy adopted last July, which prohibits the use of American Indians or Alaskan Natives as school symbols and nicknames.

Seattle Public Schools established the policy after the student-run Native American Club at West Seattle High objected to the Indian mascot and nickname used at the school for more than 80 years. The Indian mascot was nixed when the school moved into its new building in September.

Cree Okimow, 13, Analisa Zahne,13, and Kira Harvey, hold signs in protest of having the West Seattle High School mascot be an Indian, outside the Seattle school’s administration center. Okimow’s sign said, " I am not a mascot." (March 11, 2003)

West Seattle High's alumni association challenged the policy, asserting that it discriminates against those it was intended to protect by disregarding the 14th Amendment of the U.S. Constitution, which guarantees equal legal protection for everyone.

Robert Zoffel, the president of the alumni association and the attorney who filed the appeal, said the policy discriminates by putting Native Americans and Alaskan Natives in a different class than other races. He pointed out that Rainier Beach High School uses Vikings as a mascot and nickname, and that other schools in the district -- Chief Sealth High, Sacajawea Elementary and the African American Academy -- have race-oriented names.

"Regardless of the intent of the policy, the policy discriminates against those who are proud of their name," he said during the appeal hearing, which was attended by about 25 students from West Seattle High.

The school district's attorney, John Cerqui, said naming a building after an individual or racial group "is a sign of respect and honor. Buildings and mascots are different."

The alumni association, which originally wanted the school to retain the Indian moniker, later altered its stance to advocate for a "race neutral" policy that wouldn't single out any particular group.

Cerqui said the issue is about providing an educational environment for all students that is free from bias and stereotypes. The Indian nickname, he said, made some Native American students uncomfortable.

Countering Zoffel's constitutional argument, Cerqui said the 14th Amendment was originally intended to eradicate slavery and discrimination and not to protect the rights of people to be used as mascots. The district, he said, doesn't have other ethnic mascots and wouldn't allow nicknames like the Blacks, the Japanese Kamikaze or the Germany Jews.

"Europeans came to America, we conquered the Indians, we forced them onto reserves and now we want to perpetuate stereotypes that they're second-class citizens by making them mascots," Cerqui said.

Zoffel said the school board approved the policy last summer without consulting with students or local Indian tribes. It "completely disregarded and overlooked" West Seattle High's constitution, he said, which affirms the use of Indian as the school's mascot. Calling the board's actions "tyrannical," Zoffel said the policy was "pushed down the throats of students."

Cerqui said the school board has the authority to change a school's mascot, and that West Seattle High's constitution should be amended to reflect the board's actions.

Over the past 25 years, West Seattle High students have voted three times to retain the Indian nickname. But the issue has continued to be a contentious one, pitting those who feel the name should be retained for its historic relevance against others who see it as an offensive holdover.

In his ruling, Doerty said the court isn't in a legal position to second-guess the district's policy.

"School boards, like mayors or governors or judges or other decision-makers, are not chosen to be representative delegates, even though they're elected," he said.

Doerty said though the district's policy was "inartfully drafted," it bans words and symbols, not people, and therefore doesn't contradict the 14th Amendment.

"Nobody has a fundamental right to have their ethnic group or their tribe . . . be a mascot or a nickname," he said.

Following the ruling, Native American students embraced jubilantly.

"I'm extremely happy," said Kateri Joe, 16, president of the West Seattle Native American Club. "The policy was a righteous one. I'm glad (Doerty) saw that the majority is not always right. We do have feelings, and they were hurt with the attempt to make us a mascot."

Mariana Harvey, 16, also a member of the club, said it's difficult to live in a society in which racism is pervasive.

"You can find it anywhere -- the stereotypes, the caricatures of native people," she said. "A school shouldn't be a place to promote that."

P-I reporter Deborah Bach can be reached at 206-448-8197 or deborahbach@seattlepi.com

[ppaul]

Bunch of PC nonsense, if you ask me.
Seems most of the complainers are women.
Don't know what their gripe is.
The "mascot" is an Indian brave - which portrays Indians in a proud light.
Now if the school wanted to call them "Squaws", maybe they'd have a beef.

[aynrandfreak]

If they were consistent, they would ban the name Seattle too.

[Mark17]

Don't know what their gripe is.

They have no gripe. They simply have too much time on their hands. Don't you think that calling a football team "Vikings" is kind of racist? Same principal they are using. sarcasm off.

[Always Right]

The three major universities in Indiana all have white-males as their mascots, and the one for a Hoosier is not all that flatering. I need to sue...

[borisbob69]

Your comments remind me of the nonsense here in Phoenix about a mountain and a stretch of freeway. Squaw Peak Mountain is offensive to some local NA's and they have protested not only the mountain but also a section of a local freeway named the Squaw Peak. I'm not sure where all this stands as of now...but my solution: Go with the flow and then ignore the offended parties.

If mentioning/naming something about/after Native American's or (fill in the blank) offends people despite its existence for decades, even centuries...then when you finally roll over or a school district or the courts roll you over...then for the sake of rewritten history...make sure you write the future so as to never offend. By ignoring an offended group you make them irrelevant...actions have consequences after all.

[M0sby]

Here in Seattle we also have: The Highlanders, The Scotts, The Vikings(as mentioned)and I'm sure many more.

Want to hear greatness in action? My former High School, Meadowdale, changed its mascot name from the Meadowdale Cheifs to the Meadowdale Marauders. One Dictionary (Websters online)defines Marauders:

Main Entry: ma·raud
Pronunciation: m&-'rod
Function: verb
Etymology: French marauder
Date: 1711
to roam about and raid in search of plunder transitive senses : RAID, PILLAGE

Amazing...isn't it? Sure glad they decided "CHEIFS" was negative... wouldn't want to have a negative mascot :-(

[IrishBrigade]

"Seems most of the complainers are women'

And just what else is new??? (Joking, just joking...)

[Sacajaweau]

The Indians etc are wiping themselves out with these actions. Those names represented the vigor of the indians and were originally in support of the Indians. The records are full of their statements of the Greatness of braves, chiefs etc..Foolish, Foolish!!!!! AND Ignorant.

[IrishBrigade]

The Hoosier, the Boilermaker, and the Leprechaun are all pretty silly looking as mascots...which I think is the point. Mascots are caricatures, by their very nature intending to promote fun and games...only professional offendees (and their their easily led young skulls full of mush)could see a sinister vein in all of this. But then, in our rush to sensitivity we've created numerous monsters from the one we've slain...

[kms61]

I think most of the names are fine.

However, IMHO the Washington Redskins moniker is over the top. It's not quite the equivalent of the N-word, but it's in the neighborhood. And I think the Cleveland Indians caricature mascot is in bad taste.

[borisbob69]

LOL...an excellent example of how absurd these people can be!

One of our Community Colleges in Scottsdale gave the students a chance to select their mascot a number of years ago (early 70's)...and they decided to be the Scottsdale "Artichokes".

Long story short: the Student Senate was getting back at the Administration because of a perceived wrong involving expenditure of funds supporting athletics...the Senate gave the student body 3 choices: Artichokes (the winner), Rutabagas or Scoundrels. After the election, the college voided the results and in a subsequent election Artichokes beat out Drovers (supported by the athletes) 70% to 30%. This time the Administration let the results stand. How's that for absurd?

[nhbob1]

A few years ago the PC crowd at the University of Massachusetts tried to get them to change their mascot by going on a hunger strike. It seems that the Minuteman mascot was offensive to them because it was "a white man with a gun". So the minorities complain if the mascot is a member of their group, they also complain if the mascot is part of the majority group. You just can't win!

[Free the USA]

It seems to me that Conservatives should support this ruling. We have a Judge who does not believe in simply substituting his opinion for that of the elected representatives who do reflect the opinion of Seattle residents. We may not agree with the opinion of Seattle voters and their representatives on the school board but they should be allowed to decide the name of their public schools without outside interference by an overreaching judiciary.

[borisbob69]

I can see it now:

This Year's Veggie Bowl featuring the Fighting Okra taking on the Artichokes!

ROFLMAO!

[kms61]

Just like the Stanford student body years ago voted to change the team nickname to "Robber Barons." Has a nice ring to it. But the administration went with "Cardinal" instead.

So now Stanford has a color for a nickname and a tree for a mascot (what is up with that?)

I wish they'd stuck with Robber Barons.

[borisbob69]

Maybe...an exhibition game in Asia..."The Stir Fry Bowl"