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Federal judge tosses mascot lawsuit by Native American group supporting Massapequa School District

A lawsuit filed by the Native American Guardian's Association about the Massapequa School District's mascot battle has been dismissed by a federal judge.
A lawsuit filed by the Native American Guardian’s Association about the Massapequa School District’s mascot battle has been dismissed by a federal judge.
Schneps Media Library

A federal judge has dismissed a lawsuit filed by the Native American Guardians Association and the Massapequa School District to challenge the state’s ban on Native American mascots, names and logos.

The November decision came after the Massapequa School District’s Board of Education sent a letter to the community on May 21, informing residents that it had filed an amended complaint against the state and had entered an agreement with the North Dakota-based organization made up of Indigenous individuals, tribal descendants and representatives of tribal nations. 

According to the letter, the school district filed an amended complaint in federal court on Monday, May 19, that remedies prior claims and introduces seven new legal claims against the state. The letter said the central issue with the state regulation is “its discriminatory impact on Indigenous peoples, cultures, and traditions.”

The Massapequa School District has fought to keep its Native American chief mascot and district logo, which is the letter “M” adorning a headdress. 

The Native American Guardian Association had also filed a complaint with the U.S. Department of Education, saying the state’s decision discriminates against Native Americans by singling them out.

“NAGA has no right to the Chiefs mascot,” U.S. District Court Judge Sanket J. Bulsara wrote. “It does not own it or have a trademark on it. NAGA has no greater right to license the Chiefs mascot than a random member of the public.”

He wrote that the Native American Guardians Association uses the agreement to give the Massapequa School District something the organization does not possess, own or have any right to control, leading to him later concluding in the 92-page motion that the complaint in its entirety would be dismissed. 

The Massapequa School District declined to comment on the case being dismissed.

The Native American Guardians Association can file an amended complaint up until Dec. 29, according to court documents.

Several Long Island School Districts were faced with either meeting the demands of the state Board of Regents or fighting to keep their mascot.

Schools were originally tasked with establishing a new mascot by the end of the 2022-23 school year, but this was later changed to June 2025. 

The Massapequa School District, along with the Wantagh, Connetquot, and Wyandanch school districts, filed a lawsuit challenging the state’s decision to bar the use of  Native American mascots, team names, logos and depictions in April 2023.

In March, a federal judge ruled in favor of the state Board of Regents and dismissed the lawsuit. Massapequa and several other districts subsequently filed notices of appeal.

On May 7, Massapequa submitted a second extension request to file an amended complaint in its federal lawsuit against the state Education

Department. The deadline for them to file was moved to May 19.

The district had also announced that on May 15, it entered into a binding agreement with the Native American Guardians Association, a nationwide organization made up of Indigenous individuals, tribal descendants and representatives of tribal nations. 

The district said the group provided support and permission for Massapequa to continue using the ‘Chiefs’ name and logo.

The U.S. Department of Education launched a Title VI investigation into the state in April after the Trump administration showed public support for the Massapequa School District, which was then referred to the U.S. Justice Department for enforcement after the state DOE and Board of Regents refused to overturn its ban.

U.S. Education Secretary Linda McMahon had visited Massapequa High School in May to personally announce that the U.S. Department’s investigation had found the state violated the Civil Rights Act. She said during her visit that her department was going to give the state Education Department time to comply with their demands before being referred to Justice for enforcement proceedings and potentially losing federal funding. 

The Education Department’s website said the state DOE must rescind the part of the educational regulation prohibiting the use of indigenous names, mascots, and logos by New York public schools, issue a memorandum to all local education agencies informing them that they may adopt a name, mascot, and logo consistent with the requirements of Title VI; and issue letters of apology to indigenous tribes, acknowledging that the board violated Title VI by discriminating against Native Americans.

At the time, the U.S. Education Department said the state DOE rejected the agreement.