NYS Native American ban: Wantagh challenge can move forward, appeals court rules

The Wantagh school district Thursday hailed a federal appellate court ruling that allows a school board member to continue arguing that he should be allowed to wear Warriors gear to school events.

The district in April 2025 appealed a federal judge’s decision to dismiss its suit challenging the state's ban on Native American imagery, such as mascots and team names, in public schools.

A U.S. Court of Appeals panel on Thursday upheld part of the judge's decision but sent back to the lower court claims that Wantagh school board member Anthony Greco, who also is acting in his capacity as a resident of the school community, has a free-speech right to wear Warriors apparel to "support not only student athletes, but the school community as a whole."

The judges wrote in their ruling: "These allegations of expressing support for the Warriors, in the context of the ban ... and in light of Greco's involvement in this litigation, suffice to encompass opposition to [the ban] as a message. We thus vacate the dismissal of Greco’s free-speech claim and remand for further proceedings."

Superintendent John McNamara on Thursday said this development was good news for the district.

"It allows us to continue to pursue maintaining the Warriors name," McNamara said.

In a statement, state Education Department officials said they were "pleased by the court’s decision to uphold previous determinations."

"We hope the district and board will now direct their efforts toward coming into compliance with the ban on the use of stereotypical mascots by the June 30, 2027, deadline," the statement said. "NYSED remains committed to ending the use of harmful, outdated, and offensive depictions of Indigenous people and will not sacrifice the dignity of the students and families we serve."

The Wantagh school district has yet to fully comply with a state Board of Regents regulation banning the use of Native American mascots, team names and logos in public schools.

The district had agreed to drop its mascot, which portrays a Native American man with a mohawk, but sought to keep its Warriors name.

School districts were given until June 30, 2025, to comply with the regulation, but Wantagh was granted an extension until June 30, 2027.

McNamara said the district also is appealing in state court.