Four school districts are fighting the state Board of Regents’ decision to ban the use of indigenous mascots in federal court.

The Massapequa, Wantagh and Wyandanch, Connetquot and Amityville school districts have each filed lawsuits in the U.S. Eastern District Court seeking to nullify Part 123 of the Regulations of the Commissioner of Education adopted on May 3 prohibiting the use of indigenous names, logos or mascots other than for classroom instruction. The state Attorney General’s office is attempting to combine the four cases into one case.

“The Wantagh/Wyandanch Matter, the Connetquot Matter, the Amityville Matter and this matter (Massapequa) meet all criteria to be deemed related,” Helena Lynch, assistant state attorney general, wrote in a letter to the court. “The four matters all involve identical legal issues of Part 123. While there are some minor variations in the underlying facts of each matter, they all assert a facial challenge to Part 123 and seek nullification of Part 123 in its entirety.”

Two area school districts – Chautauqua Lake Central School and the Jamestown Public Schools District – have been told by the state they have to change both their mascots and nicknames. Jamestown had previously changed its mascot but kept the name Red Raiders, which the state later said had to be changed.

Amityville’s 36-page filing shares much in common with Jamestown’s situation while claiming that Part 123 is too vague, violates the State Administrative Procedures Act, violates the Separations of Powers Clauses of the U.S. and state constitutions, is impermissibly vague in violation of the 14th Amendment Due Process clause of the U.S. Constitution, and violates the First Amendment’s Freedom of Speech.

Amityville had changed its logo to the letter “A” in the school’s red and gray colors with no Native American imagery. District officials want to keep the name “Warriors” by arguing the name had already been rebranded over the course of four years at taxpayer expense. Much like Jamestown’s “Red Raider” was associated with other images, including a big red cat, Amityville’s “Warrior” had been associated with a golden Roman warrior. Amityville moved away from any Native American imagery in 2016 and, in 2018, held a staff and student contest to design the new logo. Amityville officials said replacing championship banners alone cost $10,000 to $15,000 while total costs to rebrand from 2018 through 2023 are more than $1 million. Before the state’s May rule change, the district had one gym floor and two miscellaneous items to replace.

“Since selecting the new logo in 2018, the district has gone to great lengths to not only remove any old Native American imagery throughout its school buildings and fields, but to actively promote the new logo. The removal of old imagery has taken place over the course of the last five years as the district budget has permitted. Since 2018, the district has removed Native American imagery from three gym floors, outdoor turf, and all scoreboards, floor mats, bleachers, awnings, banners and signage (including dedication signage and plaques that is meant acknowledging donors and those who have achieved historic accomplishments).”

The Amityville lawsuit also mentions the Salamanca City School District, noting the Cattaraugus County district has been allowed to keep the nickname “Warriors” after consultation with the Seneca Nation of Indians and community meetings that found strong support for keeping the “Warriors” nickname.

Amityville officials make a legal argument similar to that used by state Sen. George Borrello, R-Sunset Bay, in his lawsuit against the state Health Department over proposed changes to isolation and quarantine rules – a usurpation of authority by a state agency. Amityville officials note legislation to ban the use of Native American imagery was introduced in the state Assembly in the 2021-22 session and hasn’t yet been acted upon. The district further claims the Board of Regents and state Education Department had made their decision known months before Part 123 actually took effect in May, telling schools in November 2022 that districts couldn’t use Native American mascots while threatening the removal of school officers and withholding of state aid if districts didn’t comply.

“As set forth above, Defendants-Respondents exceeded the scope of their authority in enacting Part 123 because the regulation attempts to extend the reach of DASA and constitutes an impermissible broad-based policy determination,” the lawsuit states. “In doing so, Defendants-Respondents enacted a regulation that has been given the force of law without proper delegation from the state Legislature.”