Today, Scott Walker signed a shiny new Republican rammed through bill that allows schools in Wisconsin to keep racist team names, mascots, and logos. Essentially, it rewrites a law passed in 2010, one of the toughest in the nation, that made it difficult for schools to retain racist team names, logos, and mascots if there were any complaints made about them.
Wisconsin Tribes tried in vain to get Walker to veto the bill, but he signed it today on the very last day it could be signed.
In the interview and in his written statement, Walker said he was concerned the previous law restricted the free-speech rights of school districts to choose whatever team names they wanted.
"If the state bans speech that is offensive to some, where does it stop?" Walker's statement said. "A person's or persons' right to speak does not end just because what they say or how they say it is offensive. Instead of trying to legislate free speech, a better alternative is to educate people about how certain phrases and symbols that are used as nicknames and mascots are offensive to many of our fellow citizens."
Chris Ahmuty, executive director of the American Civil Liberties Union of Wisconsin, called Walker's legal theory "a bogus appropriation of the First Amendment."
"The governor apparently does not understand that the First Amendment protects citizens from government censorship," Ahmuty said in a statement. "Government programs are not allowed to offend, harm or otherwise discriminate against citizens on the basis of the First Amendment. The First Amendment simply doesn't apply when it's the government taking action."
(bolding is mine)
It's fascinating that Walker has suddenly developed a concern for free speech rights considering how he had his palace guard manhandle and arrest citizens in our own State Capitol who were exercising their own free speech rights because of the butt-hurt they caused him and his band of Not So Merry Men. Sooooo, apparently racist team names and mascots are OK free speech, but the Solidary Singers not so much.
Wisconsin Tribes who protested the recent appearance of the Washington Redskins at Lambeau Field in Green Bay have been trying to get schools in Wisconsin to unload detrimental team names. Under the 2010 law, now negated, a hearing had to be held by the State Department of Public Instruction whenever a complaint was received and a decision made whether or not to force a team name, mascot or logo change.
It's now gotten a whole lot harder.
The measure Walker signed Thursday will take effect Saturday. It will allow complaints to be considered only if they are submitted along with signatures from district residents equal to 10% of the student population of the district.
It changes the burden of proof so the person filing the complaint has to prove the team name or mascot promotes discrimination. Hearings will be conducted by career administrative law judges at the Department of Administration rather than the Department of Public Instruction. The Department of Administration is overseen by the Republican governor; the Department of Public Instruction is headed by state schools Superintendent Tony Evers, a nonpartisan officeholder who is usually aligned with Democrats and a supporter of the 2010 mascots law.
Evers called Walker's action disappointing and said there is no other situation where those alleging harassment or bullying have to gather signatures of others to file a discrimination complaint.
"There is a growing body of research documenting the negative educational outcomes associated with the use of American Indian mascots, logos, and nicknames," Evers said in a statement. "Civil rights issues have seldom been resolved locally. This law is a disservice to the children of Wisconsin and their education."
Not only does this make a name change difficult to get, the new law also negates previous actions taken by the Department of Public Instruction.
Under the 2010 law, the Department of Public Instruction ordered three school districts to change team names, logos or mascots in response. The Osseo-Fairchild School District changed its high school team name from Chieftains to Thunder; the Mukwonago Area School District refused to comply with the order, risking fines; and the Berlin Area School District was given until July 2014 to drop its high school's Indian team name.
A complaint was also filed against the Kewaunee School District, but the School Board opted to voluntarily change its team name from Indians to the Storm.
The rulings against the districts will be voided as of Saturday, allowing the schools to keep or resume using Indian-themed team names. They could still face new complaints under the process written into the new law.
Full disclosure: My grandfather was Menomonee, but even if he wasn't there's no place where racism or racist images should be tolerated. Derogatory, offensive, demeaning, and outright racist team names, mascots, and logos should be unacceptable to all of us no matter how long a team has had the name or mascot.
My apologies in advance for writing offensive racial references, but I'm going to use some of these awful name as examples. Imagine the Texas W___s, New York S_s, or Atlanta N__s complete with an offensive team mascot. We wouldn't tolerate it for a second. Yet the Redskins, Indians, Braves, and other team names and mascots still exist and those of us who express our offense are made to feel as though we're in the wrong, too thin skinned, or inappropriately taking offense.
Why is it so difficult to apply those same standards to the Original People of this nation? And why are Republicans so eager to not only to allow, but to actively enable this continued flaunting of derogatory and demeaning names and images.
We're stepping back and not forward. It's a sad day.
In Other News
For your further entertainment, the Wisconsin GOP has put out a new radio ad praising Scott Walker to the skies on saving taxpayers money (yeah, the property tax relief is a whopping $8-11 per year on the average home, but the ad makes it sound like a huge windfall and while the budget appears balanced, it's balanced on the backs of severe cuts, massive borrowing and Walker stealing federal money from a settlement on illegal foreclosures that he kept rather than giving to the victims of foreclosure).
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