The state Board of Regents is planning to repeal a portion of its Native American mascot ban, which prohibits the use of Indigenous team names, mascots and logos in public schools.
The original ruling, which requires the Wantagh School District to remove its Warriors name, remains in place, according to an Oct. 16 letter from the state’s assistant attorney general, Helena Lynch, to State Supreme Court Justice Francis Ricigliano.
The planned change, Lynch wrote, involves Section 123.5 of the “Regulations of the Commissioner of Education” — rules used by the Board of Regents to govern the state’s education system and school district operations. The section currently prohibits school officials or employees from using or promoting Indigenous names, logos or mascots on school property or at school functions.
In April 2023, the board voted to unanimously ban Native American mascots, logos and team names in public school districts. Districts had until the end of the 2024-25 school year to rebrand and eliminate Indigenous references. Schools that failed to comply risked losing state aid, but could apply for an extension if they showed an effort to meet the requirements.
Controversy created by the ban took center stage on Long Island, where four districts, including Wantagh, challenged the ruling. Wantagh has long used the team name Warriors and a logo featuring the head of a Native American.
When the ban went into effect, Wantagh initially sought to keep the name while complying with changing the logo imagery, but the state rejected the plan. The district responded by filing a lawsuit against the state, alleging that parts of the new rules violated First Amendment rights.
The state argues that school districts generally cannot sue the state, reasoning that the districts exist under state law and exercise powers the state gives them. Courts have generally restricted districts from challenging the constitutionality of state actions.
“Legal challenges brought by Long Island school boards against the Board of Regents regulation addressing Indigenous mascots have been unsuccessful,” JP O’Hare, a spokesperson for the Education Department, said in an emailed statement. “Most recently, a federal appeals court dismissed Wantagh’s challenge, finding that the district could not pursue its claims against the state.”
Wantagh, however, claimed exception on the grounds that First Amendment rights could be violated by preventing individuals, such as school employees, from engaging in a form of expression. By removing the rule in Section 123.5, the state contends, Wantagh no longer has grounds for a lawsuit, because the regulations would no longer jeopardize the First Amendment rights of any individual in jeopardy.
“As schools complete the transition away from stereotypical Indigenous mascots,” O’Hare wrote, “the Department will recommend that the Board of Regents leave decisions regarding employee clothing, including apparel displaying offensive Indigenous imagery, to local school districts, consistent with how other employee attire and personnel decisions are handled.”
The partial repeal is not yet official, and will be announced at a Board of Regents meeting slated to take place on Nov. 9 and 10. A 60-day public comment period will follow, and a final vote will take place next February.
Earlier this year, the state granted the district a one-year extension allowing it to continue using the Warriors name through June 30, 2027. Lynch’s letter confirmed that deadline would remain in effect.
John McNamara, superintendent of Wantagh Schools, told the Herald in an emailed statement the district is “pleased with this reversal and view[s] it as a positive step in the right direction.”
“However, further action is needed,” McNamara added, “and we urge the Board of Regents to pursue additional changes that would allow us to continue using the Warrior name.”
