University of North Dakota nickname lawsuit thrown out

August 14, 2012

North Dakota: Judge Ralph Erickson, of the United States District Court for the District of North Dakota, has thrown out a lawsuit filed by students regarding the "Fighting Sioux" nickname at the University of North Dakota (UND). The decision for many is the denouement of a saga that began in 2005. In that year, the NCAA put the school of a list of "hostile and abusive" mascots. Since 2005, there have been polls, lawsuits, board directives, and ballot measures regarding the controversial nickname.

Judge Erickson's ruling followed the June statewide ballot measure on the topic. It was a referendum on use of "Fighting Sioux," where 67.65% of voters favored dropping the moniker. In his decision, Erickson said, "While some last gasps of further political action are still echoing across the state...the 'Fighting Sioux' nickname and logo dispute has been resolved and the losing position consigned to the dust heap of history."

Though a decisive ballot measure and dismissal by a federal judge seem like the last steps in a fight, a group is currently collecting signatures for a constitutional amendment which would be on the ballot in 2014. They are not swayed by Judge Erickson's decision, and are hoping to pass a constitutional amendment that the UND must use the "Fighting Sioux" nickname, regardless of sanctions from the NCAA or wishes of the Board of Regents.

To read more about this issue, see:

• North Dakota Supreme Court does not settle nickname argument, April 9, 2012
• Update: Fighting Sioux nickname in North Dakota Supreme Court, March 19, 2012
• State education board takes nickname referendum to court, February 15, 2011
• NCAA says lawsuit over nickname controversy should be thrown out, December 26, 2011