SCOTUS Denies Certiorari in Redskins Case
Noah Wednesday, November 18, 2009 at 03:12PM 
This Monday the Supreme Court denied certitorari in the controversial Washington Redskins case wherein plaintiffs claimed the use of the “Redskins” mascot propagates negative stereotypes of Native Americans. The Supreme Court justices did not provide comment as to why they denied certiorari but commentators observed that the Court probably agreed with the Courts of Appeals that the claim was time-barred.
The legal battle began in 1992 when plaintiffs brought claims against the Washington Redskins in Susan Harjo v. Pro-Football Inc., demanding that the Redskins changed their team name and mascot. The Trademark Trial and Appeal Board returned a verdict in favor of the plaintiffs and ordered the Washington Redskins to change their name and mascot because it was disparaging and offensive to Native Americans. The United States District Court for the District of Columbia reversed on grounds that plaintiffs had waited too long to file their petitioner and their claims were barred by the statute of limitations. The United States Circuit Court of Appeals in Washington, D.C. affirmed that judgment and now that the Supreme Court has denied Certiorari, it looks like the Washington Redskins will stay the way they are.
The Redskins registered their mascot, name, and trademark with the Patent and Trademark Office in 1967. The name allegedly comes from their old Native American head coach, William “Lone Star” Dietz, who coached the team when they were known as the “Boston Braves”. The name was changed in 1937 when the team moved to Washington presumably as a sign of respect for their old coach. According to amicus briefs filed by lawyers representing the Washington Redskins the mascot is a sign of respect for the Native American community which honors one great Native American in particular and should not be seen as disparaging or ethnically insensitive, notwithstanding the statute of limitations issues.
Reader Comments (1)
The idea that we, as a society, seem to be okay with the name "Redskins" as one of the most prominent brand names in sports is embarrassing, and the proposition brought forth by the team's owner that the term is one of "respect" is laughable.
The origins of the phrase "Redskins" appear to be more accurately characterized by the National Congress of American Indians ("NCAI"), the oldest and largest national intertribal organizations:
But even if this etymology is unconvincing to you, the fact remains that Native Americans are the only group of people in American socieity that have a sports teams named after the color of their skin. That's too bad.