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Court Declares Mascot Law Unconstitutional

Frankly, I was wondering what took so long?

The way the law was set up, it makes an unelected, unaccountable bureaucrat the judge, jury, and executioner in a farce of a Kangaroo Court.   It deserved any less unnoble a death as this.

A Waukesha County judge has ruled that the state’s effort to strip Mukwonago High School of its Indians nickname was unconstitutional.

Circuit Judge Donald Hassin Jr. granted summary judgment Thursday in favor of residents who challenged the 2010 state law that allowed complaints about Indian nicknames and mascots.

Hassin agreed that the law, as applied in the case against Mukwonago schools, was unconstitutional because the decision maker — a DPI employee named Paul Sherman — had an impermissibly high risk of bias.

In a 22-page ruling, Hassin recounted the history of the complaint against Mukwonago schools, the hearings at which the school district had to prove its use of the Indians name and mascot was not discirminatory, and how various consitutional analysese applied.

A former student registered such a complaint against the Mukwonago School District, which said it would cost at least $50,000 to rebrand all its facilities and equipment.

I fully expect the ruling to be appealed.  The legislature should frankly just repeal the law in full.

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