Well, I must admit, I didn't see this coming. From the News-Gazette:
Two University of Illinois students who portray Chief Illiniwek took legal action today to bar the NCAA from imposing sanctions on the university – and stop the UI from eliminating the Chief.
A lawsuit filed this morning in Champaign County Circuit Court alleges the NCAA's actions violate state law and the students' constitutional rights of academic freedom, freedom of speech and freedom of expression.
The lawsuit seeks an injunction to prevent the NCAA from imposing sanctions intended to force the UI to eliminate Chief Illiniwek and their right to perform as the Chief, according to a news release from the students and their lawyer, Brent Holmes of Mattoon.
The students also applied for a temporary restraining order to stop the UI from "capitulating to the NCAA by announcing the retirement of Chief Illiniwek," the release said.
The plaintiffs are Dan Maloney of Galesburg, the current Chief Illiniwek, and Logan Ponce of St. Charles, the assistant Chief. Both students perform as part of the Marching Illini's halftime performance at football games. They also perform at men's and women's basketball games.
The lawsuit does not seek any money damages but rather a restraining order to enjoin the NCAA from "enforcing its policy and sanctions against the University as respects the 'Chief Illiniwek tradition.'"
Thoughts?






My thought is they don't have the first clue. Of course, they'll have nothing but time on their hands when the Chief does its last dance ever at the last home basketball game.
The NCAA has ruled; the hapless status quo defenders are merely grasping at straws now.
Let's try to get part of the logic of this comic nuissance suit straight:
(1) The two students who currently perform as the Chief have "applied for a temporary restraining order to stop the UI from 'capitulating to the NCAA by announcing the retirement of Chief Illiniwek'";
(2) Which means they believe they have the right to depict the UI's "honored symbol" above and beyond the UI's official ownership of and position on this symbol;
(3) Which means, finally, that the symbol represents...what, exactly, in their conception? Whatever its portrayers individually choose it to mean (exercising their "free speech rights")? Whatever the non-university entity of Illini sports fans ("Illini Nation"?) collectively decides it to mean? Here, in any case, pro-Chief sentiment completely slips the bonds of the university it supposedly exalts, and enters metaphysical territory, like minstrelized angels dancing on the head of a pin.
The NCAA has ruled; the hapless status quo defenders are merely grasping at straws now.
The NCAA can say what it will, seeking to leverage its rights in the area of post-season events and such to force the University to do as the NCAA wishes in other areas. It is a power grab, using this issue as a launching pad to acheive greater control. Next stop on this slippery slope: give the NCAA a bigger chunk of gate, radio, and TV receipts, or lose your franchise.
It's a nice little gambit: establish outrage over racism, get pubic opinion all worked up, and take control.
Looked at another way, the Chief is a product produced by the University and sold to the crowd for part of the price of a ticket. That bargain is none of the NCAA's business, but they claim it to be.
Actually, Loren, looked at in the way that the Chief-dressing plaintiffs do, the Chief is _not_ "a product produced by the University," but _their_ product to dispose of as they see fit. Is the Chief a formal symbol of the UI? If it is, then the plaintiffs' request for an injunction against the UI is absurd. If it isn't, then why is the Chief the star of UI-sanctioned events?
Talk about a frivolous lawsuit. Apparently these two kids think they have a free speech right to don an Indian costume they don't even own and dance at halftime at the University's NCAA sporting events. Somehow this supposed "right" doesn't strike me as equivalent to passing leaflets or organizing a protest. Still, I'm sure one of the slack-jawed conservative Republicans on the bench in this county will momentarily become an "activist judge" and grant the injunction so as not to inflame the pro-Chief mob.
To those of you using phrases such as "slack jawed conservative Republicans", perhaps you'd be so good as to advise the rest of us how you think those phrases contribute to the discussion of this topic. We hapless defenders of the status quo want to know.
1) They have no standing, ultimately these students will lose. It was filed after an informal (and illegal) decision by the BOT to anomyously retire the Chief which has yet to be announced.
2) They may win at the District level because anyone who follows the courts knows all sorts of insane stuff happens at the District-level, which is why we have an appealate level to shield the Supreme Court from dealing with stupidity.
3) I'm unclear on how exactly free speech rights are infringed upon by a non-governmental actor (the NCAA). The bill of rights protects you from government, not each other.
As for slack-jawed conservative Republicans... well, it pays to remember that a good number of people of leftward persuasion are political barbarians... they never seek to actually build anything, they only know how to raze and destroy. All the while they throw their vile and profane insults at the right and then blame Karl Rove for making politics so dirty.
--
j
Part-Time Pundit
The student (chiefs) have every right to sue. Let's say you took a vet/med class you'll be at the south end of campus. Part of taking the class may involve wearing a protective suit (biohazard rated) that is provided by the university. Without the suits you could not complete the class. The class you paid for. The chiefs get credit for performing. They are paying for the class. They competed for their positions just like everyone else in the marching band did. Perhaps the NCAA will come after the percussion section next. They'll need to find drums that sound less "hostile and abusive"... Then the Trombones.. and Clarinets.. Where will it end? Why stop at bands and performances. Let's eliminate the Geology Department also. Those geologists have looked for and stolen natural resources from Native Americans for a hundred years. They have rock hammers and dynamite. They are certainly hostile and abusing of Mother Earth with their mining, drilling and explorations all over the world. Come on NCAA.. Open your eyes.. You could really clean up the planet here.
CRD
Try as you might; it's not about left or right.
The hapless quo defenders will blow it; they just don't know it.
Lame arguments they will link; they're as lasting as a blink.
"Next they'll rename the state," they clamor, as subtle as a hammer.
They strive to keep the Chief, but he'll make like a tree and leave.
Just a handful of games remain; the Chief's imminent departure is plain.
The only stragglers are the HSQDs; they cry out: "Keep it all the same! Please?"
It'd be great if these students won, becuase then of course every other UI student would also have the right to express him or herself on the field at half-time. If they win, we can look forward to a whole variety of half time speeches, dances, prayers, juggling acts and who know whatall else, that any UI student felt like doing at halftime. That would be pretty cool, you've got to admit.
Of course they don't stand a chance of winning, but it's fun to imagine.
______
And, ok, here's a digression:
Actually, one of the sad aspects of this situation is the role the Marching Illini (mentioned in the News Gazette article) plays in this controvesy. Whoever runs that organization works to basically brainwash band members (some of the nicest kids on campus, as a rule) into total loyalty to the Chief---giving all the band members Chief-themes web pages, and constantly having pro-Chief pep/"education" rallies (without ever inviting the "other side" to speak), etc. Students on campus have varying opinions re the Chief, all except for band members, due the the pressure put on those kids to embrace the Chief to be accepted. One hardly *ever* meets anti-Chief band members for this reason. However, I have talked to a couple band members with second thoughts on the issue, and they know that they'd better keep their mouths shut. It's sad. And it's sad to see the marching band at UIUC manipulated into becoming some kind of bitter, hyper-conformist, and anti-diversity organization over this poisonous Chief Illiniwek issue. Imho, there need to be leadership changes at the UI marching band, asap.
The sudden enthusiasm of pro-Chief folks for a generous interpretation of academic freedom is touching, really. But they'd be in a much better position to make last-ditch arguments if they knew the first thing about it. Such as the fact that it has never, ever guaranteed students the right to a particular for-credit class, however established. Or even the right to complete a class in which they're enrolled (which the current Chiefs will be allowed to do, of course, even if Illiniwek is retired next week). The buckskin "protective suit" isn't providing all the coverage it used to--and its tribal owners have in fact asked for it back.
I thought Madison Co. was loaded with frivolous law suits! Two actors sue because they want to continue
(1) dressing in Lakota regalia (historically inaccurate for the territories of the Northwest Ordinance),
(2) portraying a marketing gimmick,
(3) calling the caricature 'Iliniwek' (which, by the way, is an Ojibwe word borrowed into French, which means 'those who speak in the ordinary way, regular way', & then borrowed by Ojibwe from the Illinois language from an original verb irenweeki, which means 'they speak in the regular way, speak Illinois'), &
(4) performing a racist drunken dance.
This is a level of morbidly stupid I never imagined was possible. So much for UIUC being an institution of higher learning.
The buckskin "protective suit" isn't providing all the coverage it used to--and its tribal owners have in fact asked for it back.
The UofI owns the regalia, it having been bought from the manufacturer. Seller's remorse is immaterial. Try selling your car, or a cherished family heirloom, and then putting out a press release saying you want it back.
The difference between Madison County and here is that Champaign will still throw out frivolous lawsuits... this lawsuit is not going anywhere.
--
j
Part-Time Pundit
Don't forget St. Clair County either! The Metro East is the second biggest agglomeration of people in the state, and both the principle counties -- Madison and St. Clair -- are strongly Democratic, plaintiff-friendly areas. Even fast-growing, exurban Monroe County is trending Democratic.
That's not surprising... Democrats have always favored a society that was run by lawyers and judges, as opposed to something resembling Democracy... mostly because us pesky citizens can't be trusted.
--
j
Part-Time Pundit
The ‘victim groups” and their partners, the NCAA, the national media, the guilt ridden liberal whites and those afraid of being called “insensitive, bigots, racists” have won and the Chief is gone. For those of us who saw the good in the Chief, we will miss him. I personally live in California and haven’t seen the Chief in 20 years so it won’t be much of a physical loss. The loss is one of respect …and hope… for our legal system, for my University, for the press, for the Native Americans and for the self hating liberals involved in this politically correct decision.
You anti -Chief people are of many minds and goals. Some believe that this is really a good thing and that good will come of it, at least for Native Americans. Some of the “liberal do gooders’ who feel morally superior for having supported the “politically correct” point of view are satisfied to just be able to say at the next gathering at Starbucks “yes, I fought to have that symbol of racism removed”. The true right or wrong of the issue is far less important than being found on the perceived “correct” side of the issue. Another group of anti-chiefers don’t believe and never have believed that banning Chief Illiniwek would result in a significant improvement in the lives of Native Americans. These people are more concerned with revenge and general power plays than real improvement. They will shortly be looking for their next target and the list of targeted issues will never end as their anger and bitterness towards the European Americans will never end.
So, what good, if any has come out of this? Not justice. with the victory of a minority of “offended people” over the right of “freedom of expression”? First, Chief Illiniwek was never “abusive or offensive” to anyone with normal levels of sensitivity. Many Native Americans are so full of bitterness and anger that they become hypersensitive and single minded in their determination to find insensitivity and offensiveness in every word thought or deed of the white population. For the ones who truly were offended, I once again say…..the world is full of things that offend me but I don’t feel that I have the right to intervene and take others rights away to impose on everyone my “opinion” that something is offensive. This whole concept that a person’s opinion about another person’s expression in dance, writing, art etc. should trump the artist’s right to express them or the audience’s right to be entertained is a dangerous street to go down. Since offendedness is a matter of “opinion”, not fact, and for every action and deed there is someone who is offended, there is no end to how much power and control the offended can amass. It just takes a bully like the NCAA or a misguided judge to take mine or YOUR rights away because some one else (of special status) complains that they are offended.
Maybe this whole thing would have been worth it if at least some understanding and bridge building had come out of it. This is where the battle (getting rid of the Chief) was won by the anti-chief group but the war is being lost. Consider this: Maybe we as a society are too hyper-sensitive and maybe we spend too much time looking for slights, insults especially on the basis of our “victim-group” mentalities. The energy and time would be better spent, bettering ourselves as individuals and building bridges between people based on our common attributes and history rather than our divisions. It is ironic to me that the very individuals that profess they are trying to “fix” problems and heal racial, religious, etc. hostility, are the ones that cant stop stirring the pot, dragging up old wrongs until all we can focus on is how much we cant stand each other
I hear the anti-chief crowd arguing that getting rid of Chief Illiniwek will somehow increase respect for Native Americans. In reality, this whole fight has decreased respect for Native Americans. The fact that the anti-chief crowd chose to name call, vilify their opponents, rely on cheap “victim” excuses, staged riots, and employed other unprofessional tactics such as labeling a proud and decent University as racist has not gone unnoticed by those who heretofore had a great respect for the Native American population. This was a wake up call to those of us who had a lot of respect for historical Native Americans. That wakeup call was to realize that just as we, the living descendents of those who treated the Native Americans so inhumanely, are not our ancestors, the living Native Americans are not their ancestors either. As much as today’s Native Americans fight to hold onto that image of dignity, self reliance, sacrifice, integrity and courage of the Native Americans of 120 years, the Native Americans of today are as far from those people as the white man is. It is perhaps this loss of their larger than life historic character that is fueling the obsession with controlling the “images” and “symbols” so that they always reflect “positively” on Native Americans (as perceived by Naïve Americans”). I would thing that today’s Native Americans would be more concerned about the loss of the inner spiritual life and value system of their people than about some symbol that offends them. Why worry about the “white college boy” who is attempting to pay honor to Native Americans (even if he fails in THEIR eyes he was not failing in the eyes of the majority) when the whole culture is falling apart? How does “authenticity” and Indian sacred dances and religion figure into the casino life? If Chief Illiniwek is an affront to the sacred life of the Native American, what is the Indian casino that pollutes the sacred shoreline of Lake Superior in Grand Marais? No other group would have been permitted to desecrate that beautiful “sacred” area just to make a few bucks. If the great Chiefs: Crazy Horse, Chief Joseph, Red Cloud, Kicking Bear, Cochise… who faced death, pain, sickness every day in their attempts preserve their way of life, were alive today, would they be proud of how the mighty Native Americans got rid of Chief Illiniwek? OR WOULD THEY BE ASHAMED to see how the courage, pride and honor and dignity of the Native Americans 120 years ago has deteriorated into the petty, whiney, victim and dependent mentality (dependent on giveaway’s and special treatment based on guilt and pity )and money grubbing behavior we see today?
As for the liberals, they have actually won something… a way to feel superior and have their “white guilt” massaged” without really sacrificing or doing anything. Notice it is them that got something out of this and whether the “victims” actually do is not the issue. I wrote the following to an avowed “bleeding heart liberal” in her anti-chief blog.
“I count many “bleeding hearts” among my best friends and I know most have their hearts in the right place. They do want harmony and fairness between all people. But they do not look and see what is actually happening with all of this focus on group mentality and grievances. Racial tension is increasing and if you don’t believe the two are related listen in on some conversations between the young” oppressors” and hear their resentment for having to have their noses rubbed in “their” sins in every history and sociology class from middle school on for things that happened before they were born. Meanwhile they watch as , affirmative action programs in hiring, scholarships, and admissions leap frog less qualified individuals over them. The anti-Chief group would never have prevailed nor even attracted much attention if they hadn’t presented themselves as “victims”. Meanwhile the “ victims” can be heard like a broken record reciting the endless list of grievances (like the Chief) and reasons why they can’t make it without special programs, special treatment, special status. The ability of a marginal (in terms of being part of the University) minority, on the basis of the minorities “opinion” of insensitivity alone, to destroy an 85 year old well like symbol, despite the opposition of the overwhelming majority, was only made possible by the special status conveyed on the minority group… that of victim. And the majority group …that of oppressor.
Her”bleeding heart” reply: Note the real issues for her in bold.
“All admirable, but where does that leave me to help aid in this process? I can't look at these people and say, "Well, just get over it. If you just ignore it, it doesn't exist." I am a white woman from a middle-class family who is married to a doctor. He grew up poor. His parents pushed him in his education, but neither of them had distinguished educational careers. He is bothered by the assumption of "white privilege" that follows him as now a white male doctor, and I do sympathize with him on that account. But that doesn't really help me when I'm on the possibly offending side.”
This poor victim of “white privilege” is concerned that the “victims” wont need her to help them out of their underprivileged life styles and that she will have to suffer with the “possibility” that she is on the “offending” side without anyoportunity to do a “good deed” to make herself feel better. Sometimes our egos get caught up in "helping" people and we begin to believe they can’t make it without our programs, pity and excuses. Although fighting to get rid of the Chief is a feel good thing for liberals, they are not doing Native Americans any favors by reinforcing their (Native Americans) victim mentality and by reinforcing the idea that something like a dancing historical symbol (even performed by a white college boy) is able to hurt Native Americans or affect their ability to thrive in life.
What these liberals and all of us who want to “help” can do rather than battle these paper tigers like the Chief is:” treat all people fairly and look beyond ethnicity to values and behavior. We can acknowledge past wrongs without ruminating on them and without taking or assigning responsibility for these wrongs based on our group status (unless we were personally responsible as individuals.).
It may not make us “feel as good” but maybe the greatest gift we can give Native Americans is the thought and belief that they can overcome the past and create a good future and that they have the power, abilities, character, faith, and courage to achieve those dreams, even if the whole world stands against them...
You ask what good getting rid of the Chief will do for Native Americans, and I will answer:
We have had the Chief for 80 years, and we know the conditions of Native Americans today. After having the Chief gone for 80 years, we will look at the conditions of Native Americans then. Whichever is better is what the university should do with the Chief for eternity.
It is just a simple science experiment.
A scientific experiment isolates one variable. How will you do this?
What does "freedom of expression" have to do with this?
Your word for today is: disingenuous.
As if the Chief has had any impact whatever on the lives and fortunes of Native Americans. As if changing those fortunes has anything to do with the desire to get rid of him. As if there is any chance of returning him if it turned out that he was the only thing keeping tectonic plates shifting, the universe expanding, the Earth spinning, and dogs chasing cats.
Science experiment, my ingrown toenail.
My bad, last time I checked it was not illegal to perform a dance during a college sport half time show. Every day we all say and do things that offend others. As long as it is not against the law or endanger others we are free to do them even if we offend the whoel world. The UIUC has the leagal right to decide on their half time show as long as they do not endanger someone or break the law . The ncaa through its blackmail and leverage forced the UIUC to change its half time show based on the OPIONION of a minority that it was offensive. Many people were offended by Mellenthorps use of his right to express himself by putting a crusifix in a bottle of pee and displayin g it in a public museum. It was an offense to many peoples religion but he had the right to do it as long as the museum choose to display it. We are talking about OPINIONS of offense. What w wimpy positon to argue from unless the bully on the block NCAA is in your back pocket.
As if the Chief has had any impact whatever on the lives and fortunes of Native Americans.
Yes, of course, because we should believe your understanding of the lives and fortunes of Native Americans over Native Americans themselves.
My bad, last time I checked it was not illegal to perform a dance during a college sport half time show.Every day we all say and do things that offend others. As long as it is not against the law or endanger others we are free to do them even if we offend the whoel world. The UIUC has the leagal right to decide on their half time show as long as they do not endanger someone or break the law .
And it still isn't. It's also not illegal to call too many timeouts or drive a truck in a track and field competition. That doesn't mean that the NCAA can't attempt to regulate its member institutions.
Furthermore, I wonder whether this is something you actually believe. What if the halftime show was "the Chinks" or anything else I'm sure you could imagine? What if the mascot was "the child molester"? These are in not necessarily equivalent to the Chief, but under your all inclusive ideas about halftime shows, I'd be interested if you would accept such shows.
FIRst tell me how the Chief can impact the lives and fortunes of Native Americans in a REAL way not just opinion, mine yours or Native AMericans.IT is a matter of opinion.
Secon,d if you want to equate "child molester " with Chief illiniwek than do so. It still comes down to giving up our freedoms because of others opinions. Oh, would u please comment on the issue of the sacred land of the Native Americans in Grand Marais on lake Superior, not to mention dozens of other places through the US being ,willfully desecrated with casios with their trash, people and trampling of the wilderness by none other thatn the Native Americans themselvs?Where is the respect for the sacred now?
Oh, my son is part Choctaw, his great grandmoters biography is on the Ok Choctaw website! I have studied Native American history all my life and have a great respect for the culture that was destroyed and is no longer!