BILL ANALYSIS Ó
ACR 168
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Date of Hearing: August 13, 2014
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Ian C. Calderon, Chair
ACR 168 (V. Manuel Perez and Alejo) - As Introduced: August 4,
2014
AS PROPOSED TO BE AMENDED IN COMMITTEE
SUBJECT : Native Americans: NFL Football: Washington Redskins
Mascot: change the name
SUMMARY : Urges the National Football League (NFL) to join with
the Legislature and numerous organizations in calling for a name
change for the Washington, D.C. NFL team, and calls upon the
owners of NFL teams based in California to urge the owner of the
Washington, D.C. NFL team and the NFL Commissioner to change the
team mascot. Specifically, this resolution makes the following
legislative findings:
1)California has the highest Native American population in the
country with over 700,000 people who identify themselves as
Native American, and 109 federally recognized Indian tribes.
2)The name used by the Washington, D.C. NFL team is believed by
some to be a racial slur and to promote discrimination against
Native Americans.
3)"Indian" sports brands used by professional teams were born in
an era when racism and bigotry were deemed acceptable.
4)50 United States Senators joined together to send a letter to
NFL Commissioner Roger Goodell demanding that, "It's time for
the NFL to endorse a name change for the Washington, D.C.
football team."
5)Dozens of groups representing millions of Americans have asked
NFL players to take a stand against the Washington, D.C. NFL
team's use of the derogatory R-word.
6)On June 18, 2014, the United States Patent and Trademark
Office (USPTO) canceled the Washington, D.C. NFL team's
federal trademark registration of the name "Washington R____."
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The USPTO ruling deemed the term "disparaging to Native
Americans," and canceled the trademark status of the name.
Unless the Washington, D.C. NFL team successfully appeals, the
USPTO ruling would mean that the team has no legal ownership
over the term; and
7)Members of Congress from both sides of the aisle, city
councils, top sports icons, civil rights groups, religious
groups, prominent journalists, and President Obama have all
spoken out against the team's continued use of the epithet.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement: According to the author, "This resolution
supports a broader effort to encourage the NFL Washington
R_____ to change their team name. The current name is
recognized as a derogatory racial slur. Recently, the issue
has drawn national attention through the Change the Mascot
movement being led by the National Congress of American
Indians, the United South and Eastern Tribes and the National
Indian Education Association." He concludes, saying, "Living
in a society with a history of racial prejudice, we must be
even more sensitive to the use of words and phrases derived
from generations of hate, bigotry, and violence. Using a
racial slur as a mascot is hurtful and degrading to the people
it portrays. It is time that we make it known that this
affront to the culture and dignity of the Native American
people should not be tolerated."
2)Background: Recently the Washington Redskins Lost a Suit Over
Federal Trademark Registration of Their Name as the Mascot Was
Deemed Disparaging to Native Americans: The United States
Trademark Trial and Appeal Board canceled six federal
trademarks held by the Washington Redskins involving the
team's name. The board wrote the following in its opinion:
"We decide, based on the evidence properly before us, that
these registrations must be cancelled because they were
disparaging to Native Americans at the respective times they
were registered."
The Board ruling, that the Trademark Office should never have
registered these trademarks in the first place, was based upon
a wide variety of evidence - including dictionary definitions
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and other reference works, newspaper clippings, movie clips,
scholarly articles, expert linguist testimony, and evidence of
the historic opposition by Native American groups - to
demonstrate that the word 'redskin' is an ethnic slur.
The cancellations are pending and the Redskins plan to appeal
the decision. The ruling does not require the team change its
name, but it does make it difficult enforce any trademark
infringement claims against others printing the name on
sweatshirts, apparel, or other team material.
When the case first arose more than 20 years ago, a federal
judge in the District of Columbia ruled on appeal in favor of
the Washington Redskins and their trademark registrations,
finding the evidence 'is insufficient to conclude that during
the relevant time periods the trademark at issue disparaged
Native Americans?' The court continued, 'The Court concludes
that the [Board's] finding that the marks at issue 'may
disparage' Native Americans is unsupported by substantial
evidence, is logically flawed, and fails to apply the correct
legal standard to its own findings of fact'." (CBS Online,
U.S. Patent Office Rules 'Redskins' Name Disparaging, Cancels
Trademarks, June 18, 2014 1:04 PM.)
According to Wikipedia, "Support for continued use of the name
has come from the team's owners and a majority of fans, which
include some Native Americans. They say that the name honors
the achievements and virtues of Native Americans, and that it
is not intended in a negative manner. Supporters also assert
that a majority of Native Americans themselves are not
offended, based upon a public opinion poll in 2004 in which
90% of those who identified as American Indians answered that
they were "not bothered" by the name "Redskins" being used for
the Washington football team. Some, such as team president
Bruce Allen, also point to the use of Redskins by three high
school teams, two on reservations that have a majority of
Native American students.
A National Annenberg Election Survey of Native Americans on
the question of whether the name of the Washington NFL team
"Redskins" is offensive found that over 90% of Native
Americans were OK with the name, and only 9% found it
offensive.
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National public opinion polls consistently find that a
majority of the general public, ranging from 89% in 1992 to
79% in 2013, support the team's continued use of the name;
while at the same time finding that a small majority (56%) say
the term itself is racist and should not be used to refer to
Native Americans." (Wikipedia, Washington Redskins Name
Controversy,
http://en.wikipedia.org/wiki/Washington_Redskins_name_controver
sy, accessed August 11, 2014).
3)History of Washington Redskins Name: According to the
attorney for the Washington Redskins in court filings related
to the Trademark suit and various news articles, in 1932 the
football team was originally created and named the Boston
Braves. Teams during this time period generally mirrored
their baseball counterparts, as was the case with the New York
Giants for example. In their first season the Boston Braves
had enormous losses in revenue, and it was decided that
changes needed to be made. Along with moving the team to
Fenway Park in 1933, the Boston Braves changed their name to
the Redskins. One theory for selection of the name Redskins
is that it is very similar to Red Socks, the remaining
baseball team of Boston. Another theory is that the name was
selected to pay honor to its coach - Lone Star Dietz -
believed by many to be a Native American. In 1937 the team
moved from Boston to Washington DC, taking the name Redskins
with it. They have continued to use it to this day.
4)National Collegiate Athletic Association (NCAA) Policy on
"Hostile and Abusive" Mascots: In 2005, the NCAA Executive
Committee established a policy prohibiting colleges or
universities with hostile or abusive mascots, nicknames or
imagery from hosting any NCAA championship competitions. Also
in 2005, National Congress of American Indians passed a
resolution in support of the NCAA ban on "Indian" mascots,
nicknames, and imagery in postseason play, including the
namesake exception policy. The NCAA's policy took effect
February 1, 2006.
Then-NCAA President Myles Brand stated in support of the
policy, "The NCAA objects to institutions using
racial/ethnic/national origin references in their
intercollegiate athletics programs...As a national
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association, we believe that mascots, nicknames or images
deemed hostile or abusive in terms of race, ethnicity or
national origin should not be visible at the championship
events that we control."
Upon announcing the policy, the NCAA's Executive Committee
also "strongly suggested that institutions follow the best
practices of institutions that do not support the use of
Native American mascots or imagery. Model institutions
include the University of Iowa and University of Wisconsin,
who have practices of not scheduling athletic competitions
with schools who use Native American nicknames, imagery or
mascots."
The NCAA's namesake exception allows universities to keep
their Native American nicknames and imagery if it is based on
a particular tribe and have the permission to do so by the
respective tribe. In 2005 the NCAA approved a namesake
exception process;
"?by which colleges and universities subject to
restrictions on the use of Native American mascots, names
and imagery at NCAA championships will be reviewed?
One primary factor that will be considered is if
documentation exists that a 'namesake' tribe has formally
approved of the use of the mascot, name, and imagery by the
institution."
According to information supplied by the author, the Florida
State University "Seminoles," the University of Utah "Utes,"
and the Central Michigan University "Chippewas" were taken off
the list after the local namesake tribes expressed support for
their respective mascots and logos. The University of North
Dakota did not receive an exemption for its Fighting Sioux
name after it was determined that there was insufficient
namesake support from local tribes. The University dropped the
name in 2012 after more than two-thirds of voters in North
Dakota voted against a state referendum to keep the name.
No professional sports body has adopted a similar policy.
5)California Has One Namesake Exemption Campus: CSU San Diego
Aztec: In the California State University system, almost 1/3
of the 23 campus system has mascots with some form of human
representation; from the Spartans of San Jose and Lumberjacks
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of Humboldt, to the Pioneers of East Bay and 49rs of Long
Beach. However, only one campus mascot invokes Native
Americans; San Diego's Aztecs.
San Diego History: In 1925, student leaders of San Diego
State University chose the nickname "Aztecs" over such other
suggestions as "Balboans" and "Wampus Cats". They felt the
terminology was more representative of the history of the area
and architecture of the campus, which happened to be located
on Montezuma Road, and the selection met with no dissent. In
February of 1925, President Hardy gave his formal approval to
the "Aztec" nickname and teams adopted that identity within a
week. Montezuma, the first Aztec Warrior figure associated
with the university, initially appeared at a San Diego State
athletic event in the 1941 football season.
In 2000, a number of student groups proposed the university
alter its Aztec identity, believing "Monte" the Aztec to be
demeaning to Native Americans. During the years 2001-04 there
was no mascot, while the University retooled their mascot's
image. In February 23, 2004 a new and more culturally correct
and distinguished mascot was adopted, complete with costume
changes and the modified moniker, "Aztec Warrior." (Aztec
Traditions: How it began, goaztecs.com, accessed August 12,
2014.)
6)Prior Related Legislation:
a) ACR 164 (Goldberg) of 2006, requested the California
Interscholastic Federation to adopt policies that are
consistent with the NCAA policies relative to the use of
Native American mascots and any other hostile or abusive
racial, ethnic, or national origin mascot. ACR 164 was
held in the Senate.
b) AB 13 (Goldberg) of 2005, substantially identical to AB
858, also sought to establish the California Racial Mascots
Act, which would have prohibited public schools from using
the term Redskins as a school or athletic team name,
mascot, or nickname, with certain exceptions. AB 13 was
vetoed.
c) AB 858 (Goldberg) of 2004, sought to establish the
California Racial Mascots Act, which would prohibit public
schools from using the term Redskins as a school or
athletic team name, mascot, or nickname with certain
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exceptions. AB 858 was vetoed.
d) AB 2115 (Goldberg) of 2002, would have prohibited public
schools, community colleges, the California State
University, and the University of California, as specified,
from using any one of the following terms as a school or
athletic team name, mascot, or nickname: Redskins,
Indians, Braves, Chiefs, Apaches, Comanches, any other
American Indian tribal name. AB 2115 failed passage on
Assembly Floor.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450