Posted on 10/01/2011 12:21:27 PM PDT by Jean S
Judge rules DPI administrative hearing on matter was unfair
A Waukesha County judge has ruled that the state's effort to strip Mukwonago High School of its Indians nickname was unconstitutional because an administrative hearing on the case was unfair.
Circuit Judge Donald Hassin Jr. granted summary judgment Thursday in favor of two residents who challenged the 2010 state law that allowed complaints about Indian nicknames and mascots.
While he did not find the law itself unconstitutional, he said found it "an uncommonly silly law," quoting from a famous U.S. Supreme Court case on privacy. But eliminating it, Hassin wrote, is up to the Legislature.
Hassin did agree with residents James Schoolcraft and Craig Vertz that the law, as applied against Mukwonago schools, was unconstitutional because the decision maker - a Department of Public Instruction employee named Paul Sherman - had an impermissibly high risk of bias.
In a 22-page ruling, Hassin recounted the history of the complaint against Mukwonago schools, the August 2010 hearing at which the school district had to try to rebut a presumption that its Indians name and mascot were discriminatory, and how various constitutional analyses applied.
(Excerpt) Read more at jsonline.com ...
BTW The name "Boilermakers" was originally an insult aimed at Purdue's football team after beating the tar out of Wabash College, by the local Crawfordsville sports writer.
In the playoffs they'd continue being the Redskins.
Does that mean Marquette can take it’s historic nickname back? s/off
And Waukesha, too, where the judge made the ruling. I grew up not far from Wauwatosa, outside Milwaukee. My best friend lives in Mequon. Now I live in Massachusetts. If they're gonna change the names, start here -- call it Kennedia. (What am I saying!?)
“Why isnt PETA on our case about the numerous sports teams named after animals? If its offensive to Indians to have nicknames derived from Indians, isnt it offensive to have nicknames derived from animals?”
Then you’ll have the Vegan contingency upset over:
‘The Tuscon Tomatoes’
‘The Poughkeepsie Potatoes’
‘The Cleveland Cucumbers’
Can’t have those angry mobs armed with veggie peelers upset, LOL!
Two of our local High Schools are nicknamed ‘Wildcats.’ Both had hatchet-wielding Indians as the mascot, up until a few years ago.
The kids are now making a MINT selling ‘old school’ t-shirts with the old Indian logo on them to people my age and older, LOL!
I’m going to go find that t-shirt and wear it today! :)
My high school changed their names too... from Indians to Bengals. What a frickin joke. Our schools were in areas where Native Americans had ancestral land, so the names were homage to them. But the stupid PC school board President some years back made all schools with offensive nicknames change them.
So am I, but I work in IT :)
I was talking with a guy I work with from India about Mexico, and mentioned about how a large portion of the population is descended from Indians. I then said "I mean not from India, I mean native Mexican..." he stopped me and said with a smile, "I know what you meant".
Thanks! Wow! A judge with some common sense, and the courage to speak plainly!
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