The Marquette Sports Law Review has published “Wisconsin Legislature Employs Halftime Adjustment: How Wisconsin’s “New” Indian Mascot Law Changes the Outlook for Future Challenges to the Use of Discriminatory Nicknames, Mascots, and Logos in Wisconsin Schools.”
This Comment provides an analysis of the history of the Indian mascot controversy as it has played out in Wisconsin high schools. Part II examines Wisconsin’s pupil nondiscrimination statute, the initial legal basis employed to challenge a school district’s use of Indian names and logos. Thereafter, Part III shifts the focus to Wisconsin’s “new” Indian mascot law by providing a thorough analysis of the “new” law, including its legislative history, specific provisions, rules for enforcement, decisions, and potential responses. Next, Part IV compares the two statutes used in Wisconsin to challenge Indian mascots and discusses the effects of their differences. Finally, Part V analyzes the “new” law, proposes implications for future challenges, and offers concluding remarks on the Indian mascot controversy within Wisconsin.