NYS mascot ban lawsuit filed by Native American Guardian's Association is dismissed

A federal judge has dismissed a lawsuit filed by a North Dakota-based organization that partnered with the Massapequa school district to challenge the state's ban on Native American mascots and other imagery in public schools.

The Native American Guardian's Association, whose stated mission is to "promote the respectful use of Native American names and imagery in public discourse," had entered into an agreement with the district that said Massapequa could use its "Chiefs" mascot as long as it continued offering Native American educational programming in its schools.

The association in May sued the state Board of Regents, which had imposed the mascot ban, arguing that the ban nullifies the agreement and violates their constitutional rights.

But in a ruling issued on Nov. 14, U.S. District Court Judge Sanket J. Bulsara wrote that the association's agreement with Massapequa is "not a contract" and that the group did not have standing to sue the state.

"NAGA tries to manufacture standing under the guise of the Agreement, a contract that ostensibly gives Massapequa the right to use the Chiefs mascot," Bulsara wrote in his decision. "But the Agreement is nothing more than a fiction. NAGA has no right to the Chiefs mascot. It does not own it or have a trademark on it."

The association has until Dec. 29 to file an amended complaint, Bulsara wrote.

Members of NAGA and the attorney representing them did not respond to requests for comment Thursday.

A state Education Department spokesman did not comment on the dismissal Thursday.

The state Board of Regents in 2023 banned the use of Native American mascots, team names and logos in public schools.

Massapequa was one of more than a dozen districts affected by the ban. Many have complied with the new rules but Massapequa has opted to fight the regulation.

A federal judge in March ruled against Massapequa and three other Long Island districts — Connetquot, Wyandanch and Wantagh — that had sought to either keep their names or nullify the state regulation, Newsday has reported.

Massapequa filed an amended complaint in May. In his Nov. 14 ruling, Bulsara dismissed some of the claims in the suit but allowed others to move forward.

The Massapequa school board declined to comment Thursday. The district’s attorney did not return a request for comment.