News

Will Indians mascot be decided by Supreme Court?

By Carol Spaeth Bauer

Posted: Feb. 7, 2012

The lawyer representing two Mukwonago men in a lawsuit against the state's mascot law is seeking to have the case sent directly to the state Supreme Court, rather than going through the Court of Appeals.

Attorney Sam Hall - who represents James Schoolcraft and Craig Vertz - filed a petition to bypass on Feb. 2. Although Hall said such petitions are rarely granted, he added that the constitutional nature of this case - which is related to a new law that bans race-based mascots - might increase the chances of the Supreme Court taking the case immediately. Schoolcraft and Vertz are seeking to have the state mascot law declared unconstitutional.

If the petition is not accepted, the case will continue on its way through the Court of Appeals.

The state Department of Public Instruction in December appealed an order by Waukesha County Circuit Court Judge Donald Hassin Jr. that overturned the DPI's ruling on Mukwonago High School's Indian mascot and logo. The DPI had ordered the school to change the mascot.

Once all documents and records related to the case are sent to the Court of Appeals, the state will have 40 days to prepare an initial brief.

"Hopefully the record(s) will be filed soon, but it's not unusual for this to take as long as it has in light of the hearings that were held on the record and all of the briefs and other filings," Hall explained.

It appears the record may be filed with the Court of Appeals by Feb. 13, Hall said.

"I still believe that the quickest way to address this issue is through a repeal of the law through the Legislature," he added.

mukwathoughts - Feb 07, 2012 6:34 PM

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Imagine how much further along this process would be if the plaintiffs in this
case could actually define institutional racism. Their efforts have resulted in
Mukwonago becoming known as the "Birmingham of the North" because they
simply don't understand the evidence in the case that clearly demonstrates the
harm done to young people when schools use race-based nicknames and logos.
Of course, the school district has to share some of the blame since they have
handled the issue poorly for the past decade. What is so puzzling is why the
parents of the district want to continue subjecting their kids to this kind of
unnecessary controversy.

When you consider that all Wisconsin tribes have let Mukwonago know that their
use of the "Indian" nickname and logo is NOT an honor and 100% of the
empirical research says that Mukwonago is harming young people, most
communities would recognize that it is time to change.

NATIVEPRIDE - Feb 07, 2012 7:57 PM

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Let it go and be struck down finally only one more strike
Katehla - Feb 07, 2012 8:59 PM

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The practice of stereotyping is harmful to all our children. Let's respectfully retire this
controversial nickname and logo and creatively choose a new one that we can all be
proud of that doesn't harm any human being.
thebax - Feb 08, 2012 6:40 AM

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hey Mukwathoughts, Next lets go after that damn Chief newspaper of yours, then you need to change the name of your city, after that you can go after the football leagues and heaven knows what else you're going to ram down our throats next. Its do gooders like you that are ruining this country with your nambi pambi hurt feelings and your studies done by shrinks! Give it a rest already! None of my Indian friends give a s#@t.
NATIVEPRIDE - Feb 08, 2012 12:23 PM

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HA man I used to think clowns like you would have come up with a better argument than that well I guess logic escapes some people and yes we are do gooders, good things for the right reasons, and I am taking on those teams already HA, and all of my Native friends and most Natives, me included, are on our side already, well real ones anyway, sorry to disappoint you :P
Whiffleball Tony - Feb 08, 2012 12:46 PM

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thebax - If you can't see the difference between using a word from a Native
language, Mukwonago, and using a slang term/charicature as a mascot then I guess
I'm sorry.

Its good to know you have some friends from India, but I'm not sure what that has
to do with this. My friends who are Native Americans are sick of being used as
mascots.
mukwonago farmer - Feb 09, 2012 12:13 AM

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You forget all the NATIVE AMERICANS who are proud to recognized as a race of people with pride in themselves to continue bring a positive image to themselves, their peers and others who share the gift of life. For those caught up in the emotional experiences that have befallen them. Bad things are going to happen. They happen to all people of all races. What makes a boy a man and a girl a woman is the strength to become yourself no matter the obstacles that are set in front of you. The name will not go away unless you change EVERY reference in every book. school,literature composition including all history books. You should NO LONGER use the term in any reference to yourself to receive any documentation for any purpose. You must erase any reference in any legal document giving you any right to any subject.If you are to pursue this course of action then it can not be specific. It must be a total eradication of the term, it's meaning and privilege.
mukwonago farmer - Feb 09, 2012 12:40 AM

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Again mukwathoughts, You are forgetting those who are Native American who are in approval of keeping the PROUD name. WHY do you disrespect their wishes and thoughts? They have rights same as all.
mukwonago farmer - Feb 09, 2012 12:56 AM

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corrections....proud to be recognized, continue to bring, line one
NATIVEPRIDE - Feb 09, 2012 10:12 AM

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HA again same blah blah blah blah the history books are all euro-centric genocide denial propaganda to begin with and yes I wanna have them changed to speak the truth rather than the power majority's historical perversion of events and as for your band of Vichy "natives" let me put it this way, there were happy slaves on every plantation but last time I checked they weren't the majority. Sorry to burst your bubble again :P
citizenff - Feb 09, 2012 11:15 AM

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I'm Irish, so shouldn't Notre Dame's mascot (Fighting Irish) cause me mental harm? Doesn't it perpetuate the stereotype of the violent Irish? Well it doesn't cause me any mental/emotional harm because I don't let it get to me, and I could care less whether or not it perpetuates the stereotype.
If you want to take up the fight against the use of the word Indian or an offensive mascot, then you should be going after the Cleavelan Indians baseball team, or the Washington Redskins football team. I would think that those mascots are far more offensive than Mukwonago's.
mukwonago farmer - Feb 09, 2012 11:43 AM

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Nativepride. Why do you not ever speak of how Native Americans fought other Native Americans , How tribal warfare led members of tribes to scout for the American army. The raiding parties that killed maimed and destroyed the lives of rival tribes. It was not just the arrival of the Europeans who brought this calamity upon the Native Americans. The tribal warfare had been occurring long before any European set foot on this continent. In this day and age you prolong the fight and struggle, To what purpose ? The respect you show to another person is what you will receive in return. Using childish language that is in the style of an angry child will bring forth the same. no wonder you are treated as you are. You still have not discovered how to use diplomacy.Your life will remain as it is by your choice.
Whiffleball Tony - Feb 09, 2012 11:57 AM

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citizenff - Irish isn't a race, so although its about as close a comparison as you can get it just isn't the same. A better comparison would if a team was named the "Blacks" but obviously society has already gotten rid of those mascots.
There are people going against the Cleveland Indians and Washington Redskins. That has been happening for years. The difference is that those are private businesses. They are not funded by tax dollars. People don't have the choice of not paying taxes but can choose not to support a business.
NATIVEPRIDE - Feb 09, 2012 12:50 PM

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I thought the fighting Irish was a leprechun, a mythical figure in old celtic mythology, not only irish. 2 its a mythical figure not a person of irish descent and its not the same, if it were a duken irish guy holding a bottle of whisky beating his wife, then thats an unfair stereotype and i would speak against it but it isnt. and mukwonagofarmer i dont respect you, and i already dont like you know who you are and you have been spewing the same historical revistionist propaganda for too long already and this "natives were fighting eachother already" argument is old and out of date and false. If you had any real understanding of tribal warfare you would know better than to label it as "but indians were killing eachother before whites got here" but again stereotypes being thrown willy nilly and that is the problem right there
mukwonago farmer - Feb 09, 2012 9:14 PM

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Mr. Native Pride, please further your education by reading the first-hand accounts of Native Americans who fought in the American Civil War. You might learn a great deal about your own people, as you refer to your partial Native blood-line.I have not, nor have I ever said Crimes were not committed by both sides of the American Indian wars. What is your perceived solution ? What, if there is any do you see as a combined agreement to living together? Or, do you not see one and wish for this conflict to remain. A change in the logo situation will not change the lives of your people, only they can do it for themselves. Stating all the information over again is only pointless to a person who only sees a method of conflict.You do not include all the young Native Americans who are proud to be called Indian,even through a school logo. If you learn to teach your children that they are as good as anyone else, they might believe it. You have shown that by your grades. There is no reason an employer would not want to hire someone who is skilled in the work they do. Nationality should have no effect upon hiring if you prove you are qualified to do the job.
NATIVEPRIDE - Feb 09, 2012 9:26 PM

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Now who said anything about "partial" another tossed into the ring and you just cannot help but repeat yourself now can you same telling the victims that isn't going to change anything and then wanting to live in peace then saying "blah blah I am gonna blame whose a different color/nationality and say they only get anything because of that man! Where is the logic? Trick question there isn't any and I do wholeheartedly wish you would finally realize that, and guess what???? I do not need some white made cartoon tool of oppression to tell me I'm proud to me Native or better yet hey I'm an Indian, not from India, and I will tear down every single one of the edifices one by one until they are a sad memory
mukwonago farmer - Feb 11, 2012 8:23 AM

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You are only a victim when you allow yourself to be.Get that education, get that job and show yourself, your people and the world that it is possible. Ben Nighthorse Campbell did it along with many other Native Americans. Move forward instead of letting the past determine your future.The people from Germany are very successful here along with others.
NATIVEPRIDE - Feb 11, 2012 2:57 PM

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Do you even hear yourself write/speak sometimes? Seriously always moving into another tangent and trying to change the subject to some other non existent or non issue topic to make a speech about. I am amazed by the lack of logic in my adversaries its either this or flat out insults and the same white supremacist BS this mascot is based on and empowering

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