Fighthing Sioux Nickname: Spirit Lake committee's last effort to save Fighting Sioux nickname fails

This is just in, not really a big shock to me. I have talked to a few lawyers that didn’t see this case as having much of a chance of making it. This is probably the final chapter of the Fighting Sioux nickname.

Chuck Haga, Grand Forks Herald – In what may well be the final chapter in the long, contentious fight over UND’s Fighting Sioux nickname, the 8th U.S. Circuit Court of Appeals today affirmed a lower court’s judgment against the Spirit Lake Sioux Tribe in its effort to save the nickname.

More than three months after impassioned arguments in St. Paul, the appeals court upheld the ruling last year by U.S. District Court Judge Ralph Erickson that the tribe lacked standing to sue the NCAA over its policy discouraging the use of American Indian names and images by member schools.

“The committee has not shown that the NCAA acted with discriminatory intent,” the appeals court stated in its opinion. “There is no evidence that the NCAA enacted the policy in order to eradicate Sioux culture, as the committee alleges.”

The appeals court also discounted the committee’s primary contention, that Spirit Lake and Standing Rock Sioux elders authorized use of the name by UND in a 1969 ceremony.

Spirit Lake nickname supporters to appeal

Here is the latest in the Fighting Sioux nickname – A notice of intent to appeal was filed with the 8th U.S. Circuit Court of Appeals this week by lawyer Reed Soderstrom – I am not a lawyer by any stretch of the imagination, nor did I stay in a Holiday Inn Express last night, but I cant see an appeals courting taking this case. I am going to predict that the appeal will be thrown out as well. Maybe one of our resident lawyers can give us some free legal advice...

Chuck Haga, Grand Forks Herald --- Fighting Sioux nickname supporters at the Spirit Lake Sioux Tribe have signaled they intend to appeal U.S. District Judge Ralph Erickson’s dismissal of their lawsuit against the National Collegiate Athletic Association. A notice of intent to appeal was filed with the 8th U.S. Circuit Court of Appeals this week by Reed Soderstrom, a Minot attorney who represents the pro-nickname Committee for Understanding and Respect, which sued the NCAA over its efforts to have UND drop the nickname and related Indian-head logo. The committee, authorized by Tribal Council action to speak for the tribe on matters relating to the nickname and logo, had sought at least $10 million in damages from the NCAA. It also sought reversal of the 2005 NCAA policy discouraging use of American Indian names and imagery by member schools.

I love the Fighting Sioux nickname, and there is no way that the school will ever be able to replace the Fighting Sioux nickname with anything that I consider to be acceptable, but I don’t see any way UND can keep the name “unless” the Spirit Lake Tribe wins it’s appeal against the NCAA, the cards are stacked against them this time as well. I also would love nothing more than to see the NCAA lose their law suit – I think they deserved to have that happen to them because I think they are a bunch of hypocrites. I am not holding my breath but I hope the Tribe wins.

EDIT - Fargo federal judge tosses out Sioux lawsuit to preserve UND nickname

University of North Dakota Fighting Sioux athletic logo (Photo credit: Wikipedia)

This news just broke this evening. Today the U.S. District court in Fargo threw the Spirit Lake Sioux Tribe lawsuit against the NCAA. [Click to view the ruling]

GRAND FORKS - U.S. District Judge Ralph Erickson has granted the NCAA’s motion to dismiss a lawsuit brought by the Spirit Lake Sioux Tribe, a major setback to American Indians trying to preserve the University of North Dakota’s Fighting Sioux nickname.

Erickson filed his order late Tuesday in Fargo, where lawyers for the two sides had presented oral arguments on April 19.

The Spirit Lake Sioux, through its Committee for Understanding and Respect, had asked the court to overturn the NCAA’s 2005 policy discouraging the use of American Indian names and imagery by member schools.

They also argued that they and the Standing Rock Sioux were “indispensable parties” to the 2007 agreement settling a lawsuit brought by UND against the athletics association, and that they have been wrongly excluded from negotiations concerning that settlement.

In his 23-page opinion, Erickson held that none of the several counts brought by the committee state a sufficient legal claim under federal law.

“Many of the counts are entirely without merit, and the ones that could potentially have been meritorious could only have properly been brought by UND,” Erickson wrote.

You can read it for yourself right here.

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