Ruling Overturns Order For Neshaminy To Stop Using Native American Iconography

A panel of state judges have overturned a ruling by the Pennsylvania Human Relations Commission (PHRC) and noted the use of the “Redskins” name and iconography in the Neshaminy School District doesn’t violate state law.

The panel of Commonwealth Court judges – Renee Cohn Jubelirer, Kevin Brobson, and Christine Fizzano Cannon – this week reversed the 2019 ruling by the PHRC by noting the commission did not hear complaints from students who were Native American during a week-long 2019 hearing. There were people of indigenous heritage who testified, but they were not students.

The case has garnered nationwide attention because many people consider the term “Redskin” to be a racist slur against indigenous Americans.

The news of the decision this week was first reported by Bloomberg Law, a subscription-based legal service and news agency.

Commonwealth Court Judge Renee Cohn Jubelirer wrote in the decision that there was not evidence Neshaminy had focused discrimination or harassment against students of Native American heritage. She wrote that there was “only speculation” as to whether any Native American students were harmed.

The fact that so-called bystanders who were not Native American could be impacted by the district moniker was not covered under the state’s anti-discrimination laws, the judge said.

“In the absence of a finding that the District engaged in unlawful discriminatory practices against Native American students based on those students’ race/ancestry, the Commission exceeded its authority when it found that the harm to non-Native American students constituted an unlawful discriminatory practice under Section 5(i)(1),” Jubelirer wrote.

In November 2019, the PHRC released a somewhat ambiguous decision that Neshaminy High School must stop using logos and imagery that “negatively stereotype Native Americans” but could keep using the “Redskins” term with the requirement “educational information is provided to district students to ensure that students do not form the idea that it is acceptable to stereotype any group.”

The 7-1 PHRC decision was made following an early 2019 hearing that was held. The hearing brought experts and witnesses on behalf of the state agency and the district to testify on the issue.

Following the decision and order to stop using the logos and imagery, Neshaminy took issue with the ruling and claimed the change could cost up to $1 million. The district did not fully account how they got to that number.

Judge Brobson issued a concurring opinion that the PHRC lacked jurisdiction over Neshaminy because it is not a “person,” as listed in the Pennsylvania Human Relations Act.

“To be clear, this does not mean that discrimination in our schools is not within the scope of the Act; it simply means that a school district, as an entity, cannot be held liable,” he wrote.

Neshaminy and the PHRC did not comment on the state court decision.

Neshaminy’s name traces its roots to the indigenous Lenni-Lenape people’s term nischam-hanne, which means “double stream” and “place where we drink twice.” The Neshaminy Creek runs through the school district in Hulmeville Borough, Langhorne Borough, Lower Southampton Township, and Middletown Township. The Lenni-Lenape tribe were not widely known to dress like the images Neshaminy and students often use in relation to their sports teams.

Neshaminy resident Donna Boyle, who is part Cherokee, has for at least nine years asked the school board to change the name and imagery. In 2013, she filed a complaint that the use of the term, mascot, and related imagery caused distress for her child due to their indigenous heritage.

The debate over the use of the name and imagery in Neshaminy has gained attention from national and regional press over the past years. In 2014, there was a nationally watched fight over whether the high school newspaper could use the term and also over editorial control.

As school systems and sports teams across the country have dropped Native American-influenced names and mascots over concerns they are racist and derogatory, Neshaminy has stuck with their position. They have claimed the choice decades ago was not intended to be insulting and may even be an honor.

The district has spent $331,000 over a six-year period with insurance covering an additional $104,000 in costs over the fight.

The PHRC could appeal the decision to the state’s highest court.

Related:

• Neshaminy Won’t Be Changing Sports Team Name, Imagery Right Now
• Neshaminy School Board President Releases Statement On ‘Redskins’ Controversy
• Neshaminy To Fight Human Relations Commission Decision
• Commission Orders Neshaminy To Stop Using Stereotypical Native American Imagery
• Human Relations Commission Pushes ‘Redskins’ Vote
• Week-Long Hearing On ‘Redskins’ Name Concludes
• Neshaminy Staff Testifies On Neshaminy ‘Redskins’ Name
• Teacher, Former Student Testify In Neshaminy ‘Redskins’ Case
• ‘Redskins’ Use Hearing Underway
• Neshaminy ‘Redskins’ Name Will Be Subject Of Human Relations Commission Hearing
• Editors & Public Recap The Playwickian ‘Redskins’ Scandal
• Playwickian Editors To Speak At Constitution Event
• Neshaminy Votes to Approve Controversial Publication Policy
• Could Neshaminy be Sued Over Newspaper Controversy?
• School Newspaper’s Social Media Accounts Taken Down
• Neshaminy High School Admin Accused of Pulling ‘Playwickian’ Copies
• Neshaminy Committee Tables Controversial Newspaper Policy
• Controversial Neshaminy Policy Going Back to Committee
• Neshaminy Board Hears Public Comment on Revised Policy
• Neshaminy Board Moves ‘Redskin’ Policy Vote on Heels of Letter from Lawyer Representing Students
• Neshaminy Lawyer: Editors Can’t Stop Students from Using Redskin Name
• Neshaminy Mulls Blocking Student Paper Ban on ‘Redskins’ Name

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