Several public schools in Wisconsin have mascots named after Indian tribes, or famous tribal leaders. I’m am neither a supporter nor an opponent of those mascots’ nicknames. Communities in Wisconsin should be free to decide for themselves what they’d like to call their teams. They may choose wisely, they may chose foolishly, but it should be a matter for residents of those districts to decide. (My small town of Whitewater, Wisconsin has the whippet as a mascot, and that’s a fine choice.)
Unfortunately, Wisconsin law allows the state superintendent to decide whether local public districts may use a tribal name, or other ‘race-based’ name. See, Wis. Stat. 118.134, et seq.
Although the law allows residents of a district to challenge a school mascot name, residents could always challenge a district’s mascot name, through advocacy and politicking. What’s different is that our current law shifts the burden of proof to a district to show that a race-based name “does not promote discrimination, pupil harassment, or stereotyping, as defined by the state superintendent by rule.”
If our law should not shift decision-making to the state superintendent, then worse still is the shifting of the burden of proof to the district. The burden of proof should rest with those who seek change (here those who are aggrieved that a district uses a tribal name).
Shifting the burden is more than shifting the burden; it’s stacking the deck. These names may be offensive — the process for removing them is an unfair change in the burden of proof. Wisconsin’s mascot law is the wrong way to try to achieve change.
I wouldn’t want a tribal nickname for my district’s mascot; even less do I support state determination of other districts’ choices, through a fixed, stacked process.
Repeal of the law will preserve opportunities for advocacy while limiting state interference in local districts’ choices.
See, Kedzie joins effort to repeal race-based school nickname bill.