The Native American Guardian’s Association (NAGA) has filed a lawsuit challenging a New York State regulation that prohibits public schools from using Indigenous names, mascots, and logos. The complaint was brought against the New York State Board of Regents and its members.
The plaintiffs argue that the regulation, known as Part 123, violates federal and state constitutional rights by discriminating based on race and restricting free speech. According to the complaint, NAGA and co-plaintiff David Finkenbinder—an enrolled member of the Crow Creek Sioux Tribe—contend that the regulation infringes on the Equal Protection Clause of the Fourteenth Amendment and the Free Speech Clause of the First Amendment. They allege that Part 123 selectively targets Native American names and imagery while permitting the use of other ethnic symbols, thereby creating an unequal racial classification. The plaintiffs further assert that the regulation places impermissible limits on public discourse related to Native American culture and heritage.
The lawsuit seeks declaratory and injunctive relief to invalidate Part 123 and prevent its enforcement. The plaintiffs also request civil penalties against those implementing the regulation, claiming it constitutes a violation of constitutional rights. The complaint references prior lawsuits by school districts that were dismissed on procedural grounds rather than substantive legal analysis. It also notes that the U.S. Department of Education’s Office for Civil Rights is currently investigating related issues.
The case was filed in the United States District Court for the Eastern District of New York under Case ID 2:25-cv-03008 and is presided over by Chief Judge Margo K. Brodie.