A Native American advocacy group has announced its determination to escalate a legal battle to the Supreme Court after a setback in a lower court. The group, known as the Native American Guardian’s Association (NAGA), is challenging a policy enforced by the New York Board of Regents, which prohibits public schools from using Native American names or imagery. This includes institutions like Massapequa High School.

NAGA argues that the 2023 rule infringes upon the 14th Amendment, which ensures equal protection under the law, by discriminating against the use of Native American cultural symbols. The advocacy group is steadfast in its belief that these regulations are not only offensive but also unconstitutional.

In a recent statement, Chap Petersen, NAGA’s legal representative, expressed the organization’s resolve to bring the issue before the United States Supreme Court. “Today, we take the next step in our journey to the United States Supreme Court, which is the only logical finish line,” Petersen declared. He criticized the “Native Name Ban” laws, describing them as a source of embarrassment for Americans and the Native community alike.

The ultimate aim of NAGA extends beyond New York, as it seeks to overturn similar bans across the country. The organization hopes to reinstate traditional names, such as the “Fighting Sioux” in North Dakota, that have been removed due to these policies.

In Massapequa, New York, a mural depicting the Massapequa Chiefs school sports teams, painted on a building next to the high school, serves as a poignant reminder of the cultural symbols at the heart of this legal battle. (Photo by REUTERS/Shannon Stapleton)

“Winning this case should lead to the wholesale voiding of ‘Name Ban’ laws, including the cancellation of the ‘Fighting Sioux’ name and symbol in North Dakota,” NAGA President Clayton Anderson, who is enrolled in the Hidatsa Tribe, said in a statement.  

After the United States District Court dismissed its case on Nov. 14, the organization said it would appeal to the Second Circuit Court of Appeals, viewing it as a step toward taking the case to the Supreme Court.

A marquee outside the Massapequa High School is backdropped by a “Chiefs” mascot mural, in Massapequa, N.Y., Friday, April 25, 2025.  (AP Photo/Julia Demaree Nikhinson)

In the announcement, NAGA said the New York ban is “misleadingly titled” the “mascot ban,” arguing that it unfairly targets Native Americans while no similar prohibition exists for other ethnic names such as the “Vikings,” “Patriots” and “Yankees,” which are commonly used for team names and symbols.

“It had nothing to do with mascots, it was literally trying to eradicate any image of a Native American from a New York school and Massapequa,” NAGA attorney Chap Petersen said in a post. 

The association described the ban as a race-based classification and argues that the ban should be subject to “strict scrutiny,” requiring the government to justify the law under strict legal standards.

The University of North Dakota’s Fighting Sioux logo at Ralph Engelstad Arena in 2010. (AP Photo/Dave Kolpack, File)

“They’re only targeting one group, one ethnicity, to say you can’t be recognized, you can’t be celebrated by the teams,” Peterson added. “That’s a violation of the 14th amendment, which prohibits racial discrimination and gives all people equal protection under the law regardless of race or ethnicity.”

In November, a judge dismissed NAGA’s case, citing “lack of standing,” meaning the court determined that NAGA did not have the legal right to challenge the rule. NAGA, however, argues that the judge used this to sidestep the ruling on whether the law was fair.