NYS Native American mascot ban: Opponents considering legal action after Connetquot settlement vote

Opponents of a proposed settlement in the Connetquot school district's litigation over the state's Native American mascot ban said this week that they are considering taking legal action to push back against the deal.

The Connetquot school board voted 3-2 on Tuesday to move forward with the settlement, which would allow the district to use the nickname "T-Birds" instead of its current name, the Thunderbirds. Current images of "an eagle, thunderbolt and/or lightning bolt" would be allowed and rebranding changes would have to be made by March 1, according to the agreement.

An attorney for former board trustee Jaclyn Napolitano-Furno, who has been a vocal opponent of the deal, called the agreement "fraudulent."

“Everything is on the table right now,” Oliver Roberts said of his client's potential next steps.

A member of the Native American Guardians Association, a North Dakota-based group that has criticized the state's mascot ban, said his organization is also considering legal action.

"We believe this decision violates federal civil rights protections by sidelining Native heritage, and we’re prepared to explore legal options, including Title VI claims, to challenge it," he said.

Title VI of the federal Civil Rights Act prohibits discrimination in federally funded education programs on the basis of race, color or national origin. The federal Education Department has said that the ban violates Title VI because it restricts Native American mascots and other imagery while allowing those "derived from other racial or ethnic groups, such as the 'Dutchmen' and the 'Huguenots.' "

Connetquot school officials did not return a request for comment. District officials have previously said that the litigation has so far cost nearly $50,000 and continuing the legal battle could cost another $125,000. The cost of making the change to "T-Birds" would be around $86,000, school officials have said.

Federal impact unclear

The state Board of Regents in 2023 banned the use of Native American mascots, team names and logos in public schools. The regulation affected 13 districts on Long Island, including Connetquot. Most of the districts have taken steps to comply with the regulation.

But Connetquot filed suit over the regulation, arguing that it should be able to keep its Thunderbirds name and mascot — a red, black and white eagle. A judge ruled against the district and three others in March; Connetquot has appealed.

Roberts said Napolitano-Furno is named as an “interested party” in the litigation and that the settlement approved by the school board could be “in legal jeopardy” because, he claimed, she was not included in the negotiations.

Connetquot has also faced scrutiny from the federal Education Department, which launched an investigation in July into the district for "actively taking steps to erase its Native American mascot and imagery" after the district announced that officials were "exploring options” for a new mascot name.

It was unclear what impact the Connetquot board's vote would have on this investigation. A spokesperson for the federal agency did not respond to a request for comment.

Mixed reaction

Tiana Morano, a member of the Shinnecock Indian Nation and a district resident, has spoken in support of the settlement. She called the board's decision “an opportunity for teaching” to help students and parents understand the history of the mascot controversy.

But John Kane, a Mohawk activist and member of the New York State Indigenous Mascot Advisory Council, called the agreement a “cop out." He noted that under the proposed settlement, the district would represent that "T-Birds" has "never" been associated with any Indigenous imagery.

“The stipulation in the agreement that suggests that the use of 'T-Birds'...has never had a Native reference is just false," he said.

J.P. O'Hare, the state education department's communications director, said in a statement that the ban tasked school boards with determining if their mascots are derived from, or have connections to, Indigenous people.

“After Connetquot made such a representation several years ago, the department informed the board that it could not maintain the 'Thunderbirds' name,” he said. “The department cannot comment further as Connetquot’s lawsuit remains pending.”