Offense not grounds for lawsuit

Savannah Cherms, Trending Editor

While Twitter has been on fire with comments left and right about each individual’s opinion, and the board meeting was filled with plenty of valid points, there are still going to be those that feel there is more they can do to persuade this change. If you are looking to back your perspective with the big guns and set up a lawsuit, here are the grounds you will have to be presenting on.

In order to even set foot in a courtroom, you need to have more evidence than “this offends me.”

“There is not a legal right to be protected from being offended,” Student Press Law Center executive director Frank LoMonte said. “[If the argument is] that this is offensive then that doesn’t even get you inside a courthouse. The only way you could potentially come up with a lawsuit is if the mascot particularity is associated with the behavior that it provokes and is causing a hostile environment.”

An argument that has been presented time and time again when this discussion comes up is the research showing that using a heritage or race as a mascot causes psychological damage to those in the school. LoMonte says that unless there is real proof that education is being hindered, there is a slim to nonexistent chance of getting far in court.

“You would have to show that somehow it is interfering with the ability of the targeted demographic to take full advantage of the benefits of a public education,” LoMonte said. “That’s where a civil rights case can begin. Not that it annoys me or offends me, but that it actually interferes with my ability to get an education. If it gets that far then you have grounds for a civil rights claim under Title XII in the federal code.”