Native American graduate forced to remove eagle feather from cap sues Oklahoma school
A Native American high school graduate who wore an eagle plume on her graduation cap is suing her Oklahoma school district after she says two employees forced her to remove the feather.
Lena’ Black says Broken Arrow Public Schools violated her religious and free speech rights during her May 2022 commencement ceremony. Black is a citizen of the Otoe-Missouria Tribe and a descendant of the Osage Nation. Eagle feathers are sacred within many Native American cultures and traditions.
“My eagle plume has been part of my cultural and spiritual practices since I was 3 years old,” Black said in a written statement. “I wore this plume on graduation day in recognition of my academic achievement and to carry the prayers of my Otoe-Missouria community with me.”
More: Oklahoma governor vetoes wearing of tribal regalia at graduation ceremonies
Broken Arrow Public Schools employees tried to physically remove feather, damaging it, lawsuit says
In her lawsuit filed Monday in Tulsa County, Black says she was pulled out of a line of graduates and told she had to remove the eagle feather because it violated the dress code. She explained it was not a decoration but a protected religious item. Other classmates, for instance, were wearing crosses. A teacher had also told Black she could wear the eagle plume.
But two different school employees tried to physically remove the feather from Black’s cap, damaging the plume and prompting Black to have a panic attack, according to the lawsuit.
“This unnecessary, traumatic experience ruined Ms. Black’s graduation experience, a day of celebration for her, her family and her community,” the lawsuit says.
The lawsuit names Broken Arrow Public Schools, as well as employees Lesa Dickson and Karen Holman, as defendants. Tara Thompson, a spokesperson for the district, said the school had not yet been served, and administrators could not comment on the lawsuit as a result.
Tribal regalia at graduation: Oklahoma lawmakers vote to stop school bans
Oklahoma’s top legal and education officials have affirmed in recent years that Native students have the right to wear eagle feathers under existing religious freedom laws. Yet Black and other graduates still report resistance.
Lawsuit follows Oklahoma governor's veto of tribal regalia protections
State lawmakers overwhelmingly approved a bill designed to make it clear that students have the right to wear tribal regalia. But Gov. Kevin Stitt vetoed the measure earlier this month, saying that local districts should be able to set their own dress codes for graduation ceremonies.
Several groups, including the joint council of the Cherokee, Chickasaw, Choctaw, Muscogee and Seminole nations, have called on the Legislature to overturn the veto. But it is unclear whether that will happen. Lawmakers haven’t indicated which rejected bills they plan to take back up before they adjourn May 26.
Without such a law, Native students have to turn to the courts to uphold their rights, said Wilson Pipestem, one of the attorneys representing Black. He is a citizen of the Otoe-Missouria Tribe.
“Ideally, the state of Oklahoma would change the law to make it clear that wearing tribal regalia at graduation is lawful,” he said.
Black also is being represented by the Native American Rights Fund, a Colorado-based legal nonprofit that works to protect the rights of tribal nations and citizens. Her lawsuit seeks compensatory damages of at least $50,000, as well as punitive damages and attorneys fees.
Legal rights: Oklahoma can place some tribal children in foster care without tribal sign-off, court rules
Molly Young covers Indigenous affairs. Reach her at mollyyoung@gannett.com or 405-347-3534.
This article originally appeared on Oklahoman: Broken Arrow schools violated Native students' rights, lawsuit alleges
