California passes ban on school use of ‘Redskins’ name News
California passes ban on school use of ‘Redskins’ name

[JURIST] California Governor Jerry Brown [official website] on Sunday signed into law [press release] a ban on the use of “Redskins” as a team name, nickname or mascot, making California the first state to do so. The ban, called the California Racial Mascots Act [text], will come into effect January 1, 2017. The measure will allow schools using the name, which many Native Americans consider to be a racial slur, to phase out [LA Times report] the use of the team name over time in order to alleviate cost concerns. It will affect four California high schools. Gustine superintendent Bill Morones, whose school is one of the ones effected, expressed disappointment at the bill’s passage, citing concerns about the cost of implementing its passage. Oneida Indian Nation Representative Ray Halbritter and National Congress of American Indians Executive Director Jackie Pata praised [Huffington Post report] the bill as an example for other states.

A great deal of controversy has surrounded the use of the team name over the past year. In August 2014 the Washington Redskins of the National Football League (NFL) filed an appeal [JURIST report] in federal court to challenge a June ruling by the Trademark Trial and Appeals Board of the US Patent and Trademark Office that found the name “Redskins” is “disparaging of Native Americans.” The Redskins faced a similar ruling by the Board in 1999, which was later overturned on appeal. The August complaint marked the beginning of new litigation [Think Process report], but many of the issues from earlier cases remained unchanged. In June 2014 the US Patent and Trademark Office announced that it would cancel six trademark registrations [JURIST report] belonging to the Washington Redskins. Administrative trademark judge Karen Kuhlke cancelled trademarks associated with the team’s name, logo and the name of their cheerleading squad. The Washington Redskins’ name was criticized [JURIST report] by UN Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, who called in April of last year for the team to change their name out of respect for the “historical and cultural legacy of the Native Americans in the US.” Anaya visited the US in 2012 to launch [JURIST report] the UN’s first ever investigation into the rights situation of Native Americans.