Native American Student Forced to Remove Tribal Feather at Graduation, Lawsuit Alleges

Donna J Enneking

Lena Black was within her constitutional rights. The person who did that to her is wrong. And, it's a shame that a school official would do that. What are they teaching the kids?

William Sadler

Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), enacted in 1940, and amended several times since, prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald or golden eagles, including their parts (including feathers), nests, or eggs.

The Act provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part (including feathers), nest, or egg thereof."

The Act defines "take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." Regulations further define "disturb" as “to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior" (50 CFR 22.6).

In addition to immediate impacts, this definition also covers effects that result from human-induced alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagle's return, such alterations agitate or bother an eagle to a degree that interferes with or interrupts normal breeding, feeding, or sheltering habits, and causes injury, death or nest abandonment.

A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony.

Regulations for permitting take of bald eagles or golden eagles (50 CFR 22) provide information on eagle permits for "the taking, possession, and transportation within the United States of bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) and their parts, nests, and eggs for scientific, educational, and depredation control purposes; for the religious purposes of American Indian tribes; and to protect other interests in a particular locality. This part also governs the transportation into or out of the United States of bald and golden eagle parts for scientific, educational, and Indian religious purposes." The U.S. Fish and Wildlife Service issues and maintains permits for eagle take through ePermits and provides additional information on eagle take permitting, as well as eagle conservation, through our Eagle Management Program.

So folks can better understand eagles, we also provide species information on bald eagles and golden eagles.

Date Enacted Jun 8, 1940 Citation 16 U.S.C. 668-668d More information https://www.govinfo.gov/app/details/USCODE-2010-title16/USCODE-2010-title16-cha… https://www.govinfo.gov/content/pkg/USCODE-2010-title16/pdf/USCODE-2010-title16…

William Sadler

I've been teaching high school in 2 Western states for about 20 years. In no school except one affiliated with the courts (last stop before "court school" and expulsion was any student required to clear any head ornamentation added to the graduation cap since none was generally permitted at all to preserve a sense of tradition and decorum.

That being said, at my colleges' and graduate schools' ceremonies all manner of self-approved decorations were in full display. I wore the traditional blues for UC Santa Cruz in 1987 without augmentation. But, for CA State University, Sonoma, I wore a tie-dyed cape, a feathered Stetson (XXXXX Beaver) and knee high fringed boot-moccasins. For my teacher Credential ceremony I wore an expensive Italian suit and tie. All three outfits were appropriate to the events and nobody outwardly complained.

Graduation ceremonies are a big deal for a lot of students and their families. My high school graduation left an indelible mark on my personal sense of dignity and compassion for others, perhaps less fortunate. During the predictable speech on opportunities and commitments, I was muttering and commenting on the speaker's diction and rhetoric when a boy in front of me asked me to please be quiet. I was startled for a minute and then ashamed: for me it was just a silly ceremony with a bunch of people I didn't really care about that much, but for him and his family it was a really important event and rite of passage.

As a mentor and figurehead for many of my students (about 2000+ and rising), remembering that the sacred often masquerades as the profane has been as important as recalling their names. It's a big deal to them and their loved ones. Bless y'all, too.

Julie Armstrong

Good for her she should sue. I bet if she had a rainbow flag they'd let her go across stage. That's ridiculous you're supposed to be proud of your heritage and who you are.

Julie Armstrong

Good for her she should sue. I bet if she had a rainbow flag they'd let her go across stage. That's ridiculous you're supposed to be proud of your heritage and who you are.

Mary

I hope you win and that school has to pay for their crime.

Traci Googins

Schools and traditions are so overrated and so is this " don't offend anyone" society!!! Probably the reason why so many kids are going on shooting rampages, society is making them CRAZY!!!! And as for native American culture....I am not native American but wish I had been born native and I believe in all of their spiritually. I believe that the white man has ruined everything and they should have followed native culture when they got here instead of changing it. The native Americans have suffered dearly at the hands of the white man and this is another display of that exact monstrosity. It is disgusting that today's people do not have a clue about true spiritual enlightenment and they will NEVER understand the bond between the native americans and the universe. Well the white mans court will have the finally say about the fate of what happened to this beautiful soul but no white man in that court will ever understand the spiritual damage that was brought on by the vicious actions of prominent members of this school and the community. Money, the root of all evil.....will be the only eye-opener IF she wins this case but they will NEVER admit to being wrong and that beautiful young soul will NEVER get back what they stole from her...... " HER CULTURE!!!"

Gary James Thomas Garrett

So she literally wore a "feather in her cap" and someone saw this as offensive? Regardless of the religious overtones of this, this is so unbelievably petty it's hard to wrap my head around it. There's a bureaucratic process needed to adorn a cap with a feather (or I guess anything for that matter)? You just gotta know these are no doubt the same people that will bitch and moan all day long about "government overeach" inhibiting their "freedom".

Man of God

The Native American will win if justice as the law states is applied.

The root cause must be examined. Since 1492, when the first European arrived on any shore west of their homeland confict has come with them. Many reasons for this. The main reason are land, the people and the resources.

These Europeans were believers who lived on a land mass that is the center of the universe, that all movements if suns, planets and stars were revolving around them. The Bible stories were stories about them, and that they are God's chosen people.

The North Native American are a people who did not know or had ever heard of this Book nor what was contained in it. Yet they told these Exporers, that the Great Father created all that we see and taught them to honor this land and to take care of it.

This is the root cause of this conflict. The Europeans brought their Christian Beliefs, diease, pollutions of land, water and air, the practices of genocide and speaking with forked tongue.

The Native American could lose in court if history in America continues as it has since America became a country.

Michelle Kundzicz

I am 1000% for the right of expression particularly of religious rights that being said, am I the only one that noticed that she readily admitted that she knew there was a school requirement to apply to make changes to the cap and gown? And if everyone else abided by the schools well-known requirement before they made their changes isn’t this more of I didn’t follow the proper rules then discrimination? however I do feel that perhaps the way it was handled in that particular moment was certainly an issue. But does this not go back to the rules Don’t apply to me attitude …Not trying to start a big argument, but I feel like I’m the only one of the thread that noticed that she had said ( I knew I was supposed to apply and I did not) but instead, she got a verbal permission from a teacher, also, shouldn’t the teacher be part of this conversation since teachers should know the requirements. These are young adults going out into the world shouldn’t they own their own accountability for their choices and decisions.

Ezekiel Maestas

Doesnt matter they violated someones religious beliefs im Native American and wearing an eagle feather is our god given right no government or school district can deny us that its protected by our constitution whether ppl like it or not!!!

Father Randi

The idea that she was required to apply for the "privilege" of having her personal beliefs and faith represented makes me as angry as them yanking the feather off. Imagine having a school admin removing a cross from a students garb... the school body, parents and all, would've collectively exploded in rage. Yet, when it comes to a Native using their own regalia, it's suddenly problematic? Love and Light to Ms. Black and her family.

Merlin

Did it cause harm to the student or others? Was it disruptive to the ceremony? If not, personal expression to any philosophy is protected under the 1st Amendment. The school appears to have violated the Constitution.

John M. Endress

I agree with the First Amendment right to expression argument. But it will be up to the plaintiff to prove that she alone was singled out for mistreatment. If the school has a cap decoration approval process that was followed by others and not this student, the district’s right to disallow renegade graduates will be affirmed. And at that point, everybody loses — the student loses what should have been a joyous moment and the school district missed out on a valuable teaching moment.

Timothy Holland Sr

Wow not much has changed at all, God we need you!!!

Timothy Holland Sr

It’s not just the feather 🪶 but it’s the symbolism of the feather, not much has changers at all.

Nicholas J Page

I don't know much about Indian American's but I hope this young lady wins her case and the school shut down its not as it's a huge feather distraction if I was that heritage I would of course be offended Native Indians should be treated as equal to every other religions.Mind your own business and do not get involved.Native Indians have been around for thousands of years and I think their tracking skills animal hunting.I would be proud to wear an Indian head dress they look amazing

ServantOfJudgement

Lol, the school was probably sued for letting a Christian wearing a cross on their cap so they banned all religious items to please the atheists. Now the atiests are saying let her religiosity shine! Lolol, too funny. Hahahahahaha!

Tim Cranford

1. The person who allegedly removed and damaged the feather did so illegally if they were not Native American.

The Bald and Golden Eagle Protection Act, passed in 1940, prohibits "pursuing, shooting, shooting at, poisoning, wounding, killing capturing, trapping, collecting, molesting, or disturbing" a bald or golden eagle. It is also illegal to "possess, sell, purchase, barter, offer to sell, offer to purchase or barter, transport ... any bald or golden eagle... alive, dead, or any part, nest or egg thereof."

This means you can't take or even move any part of a bald or golden eagle, not even a feather already on the ground. A single violation could result in up to one year in prison and a $5,000 fine.

2. The right to wear eagle feathers by Native Americans is protected under the law, and nowhere does the law give permission or make exceptions to any school, person, or other entity to infringe on that right.

Because of the religious and cultural significance of eagle feathers, the law makes an exception that allows members of federally recognized tribes to own eagle feathers. Eligible Native Americans must first get a permit to own and receive eagle feathers. The law allows Native Americans to wear, use, inherit, or even give feathers to other Native Americans. However, they cannot give the feathers to non-Native Americans.

Her rights were clearly violated, according to the law, and I see no reason why she shouldn't win this lawsuit.

David Arthur Lewis

The school district will definitely lose this lawsuit. School rules should be applied equally to all students.

Douglas Robert Spindler

That’s what happens when you worship the wrong God in America, For hundreds of years Christians have been forcing Native Americans to workshop the Christian job and are still at it

Kenneth Lafe Eric Sanderson

Conservatives today have arbitrarily declared themselves the 'Normies' and DEMAND the entire country become their own giant personal safe space. Any divergence from themselves apparently offends their 'cultural sensibilities' so they've further decreed everyone will hereby live their lives to please conservatives.

Colleen McAllister

I see nothing wrong with the feather being worn. The school overstepped boundaries. What I don't see is her freedom of speech violated as it was a decoration and not speech. Most people not of her heritage would have no idea what it meant.

Pamela Kay Waters

Why should she remove it. Is it any different that a student is wearing a cross or a Jewish boy the cap or an Arab woman a scarf? This stuff is getting sickening.

Adam Kahn

Of course it was a gross violation of Ms. Black's religious freedoms and rights to express them! Especially when all other graduates were freely decorating their caps, and only Ms. Black was barred, humiliated, assaulted. Ms. Black's personal religious and spiritual symbol was broken (!) when the college administration was ripping the feather off this poor girl! Like the hundreds of years of oppression of Native Americans were not over (apparently not). Unspeakable... Something tells me that probably most representatives of that college administration could be Christians. So "loving", wow. Well, as usual, actually. Not a surprise.

Ms. Black has every right to sue this horrible college, and to let everybody know what sort of racism and bigotry have been going on there.

Rev. Mike Eggleston

Either all religious and ethnic symbols should be allowed or none at all. It's totally wrong to prohibit some while allowing others.

Rev. Kev

Seems if they allow others to do decorations, why not just let it slide? Or...they could go back to what students used to do at graduations. Not put all kinds of stuff on what is supposed to be a traditional garment at what should be a happy, but formal occasion honoring educational achievement and moving forward towards adulthood.

Went to a graduation last year. People were hollering and banging pans and using New Year's noisemakers. Couldn't hear the students' names being called. It was like a rowdy party with drunks more than a graduation.

When I graduated (back in the Stone Age) no one would have even considered that sort of nonsense. They would've been shown the door if they had. We wore caps & gowns. No silly decorations. People were there to see their children graduate and receive their diploma. The more rowdy celebrations came after.

Rev Mark D

Sounds like it was the manner of the districts decision, but who knows what provocation occurred. BFD.

Susan Colmenares

Nope! This is simply wrong. I have been to numerous graduations and have seen every possible kind of decorations on the caps. If there had been a question of vulgarity, I would understand the school’s reaction but a feather???

Najah P Tamargo

Minister Najah Tamargo USA

SHAME SHAME SHAME on the school and whoever dared to even touch that eagle plume!!! And in OKLAHOMA?????? the "Indian State"????? I equate that to someone ripping off the Pope's cross necklace during a service. How dare they deny that woman her right to practice her belief system, honor her heritage and her accomplishments!!!

And the governor needs to GO!!! He DOES NOT belong in office!!!