UNITED STATES NEWS

Rights upheld, lawsuit revived against teacher accused of cutting Native American student’s hair

Jun 2, 2023, 11:00 AM | Updated: 2:14 pm

SANTA FE, N.M. (AP) — An appeals court ruling has revived an anti-discrimination lawsuit accusing an Albuquerque teacher of cutting off one Native American girl’s hair and asking another if she was dressed as a “bloody Indian” during class on Halloween.

Outrage over the girls’ treatment propelled legislation in New Mexico and beyond that prohibits discrimination based upon hairstyle and religious head garments.

The American Civil Liberties Union’s lawsuit accused Albuquerque Public Schools and a teacher of discrimination and fostering a hostile learning environment. ACLU of New Mexico Deputy Director Leon Howard said the ruling affirms that public schools are subject to antidiscrimination protections in the New Mexico Human Rights Act.

The appellate ruling validates that all “students must feel safe at school and confident that their culture, history, and personal dignity are valued and respected by the public schools they attend,” Howard said in a statement.

A lower court had determined that a public high school does not qualify as a “public accommodation” under the state’s civil rights law. The appellate ruling returns the lawsuit to state district court for a hearing on its merits.

“If a public secondary school official in their official capacity were to refuse services to an individual based on the individual’s race, religion, or sexual orientation, then the New Mexico Human Right Act would surely apply,” Appeals Court Judge J. Miles Hanissee wrote.

Albuquerque Public Schools spokeswoman Monica Armenta said the district is considering options to appeal.

The lawsuit alleges that English teacher Mary Jane Eastin dressed up as a voodoo witch on Halloween in 2018 and initiated a game in which she would ask students questions and reward those who answered correctly with marshmallows while giving dog food to those who didn’t.

At some point, Eastin asked a Native American student whether she liked her braids and then cut off about three inches with scissors, sprinkling the hair on her desk, the suit alleges.

The suit says Eastin also asked another student, plaintiff McKenzie Johnson, 16, if she was dressed as a “bloody Indian.” Johnson’s mother later told reporters her daughter was dressed for Halloween as Little Red Riding Hood, with a red paw mark on her face. Johnson, who is Navajo, said she no longer felt welcome at school.

The school district’s superintendent publicly apologized and told parents Eastin would not return to Cibola High School.

Johnson called the ruling a breakthrough for Indigenous students and others.

“We are surrounded by Native communities,” she said in a statement. “School staff at all levels need to understand our culture and our history so that what happened in my classroom never happens again.”

New Mexico Gov. Michelle Lujan Grisham signed legislation in 2021 that prohibits discrimination, discipline or disparate treatment of students based on hair style, religious headdress or culture.

The U.S. House endorsed an unsuccessful bill last year largely in response to bias Black people can face over their hairstyles in society, school and the workplace.

In 2021, the father of a 7-year-old Michigan girl whose hair was cut by a teacher without her parents’ permission filed a $1 million lawsuit against the school district, a librarian and a teacher’s assistant. The lawsuit alleged racial discrimination and rights violations against the biracial girl.

Johnson is represented by Parnall & Adams Law and the New Mexico Center on Law and Poverty.

United States News

Two women hug as Muslim and Jewish women gather at an interfaith workshop on the Israeli-Palestinia...

Associated Press

In US, some Muslim-Jewish interfaith initiatives are strained by Israel-Hamas war

Shireen Quaizar was wracked with doubt. For years, the school psychologist has been active in Muslim-Jewish interfaith dialogue, but the Israel-Hamas war left her reeling. “What are we doing with talking to each other?” she recalled thinking, frustrated by a conversation about the exact number of Palestinians killed in an Israeli airstrike. “This doesn’t work.” […]

2 hours ago

FILE - Rep. George Santos, R-N.Y., leaves the Capitol after being expelled from the House of Repres...

Associated Press

Republicans had New Yorkers lead the way in expelling Santos. Will it help them keep the majority?

WASHINGTON (AP) — George Santos is gone from the House, but his name is certain to pop up in key congressional races across New York next year. Democrats are targeting five seats held by first-term Republicans and looking to associate them with their former colleague in the state’s congressional delegation as often as they can. […]

3 hours ago

This photo provided by Mattel shows a Barbie doll of Wilma Mankiller. Toy maker Mattel is honoring ...

Associated Press

Barbie doll honoring Cherokee Nation leader is met with mixed emotions

OKLAHOMA CITY (AP) — An iconic chief of the Cherokee Nation, Wilma Mankiller, inspired countless Native American children as a powerful but humble leader who expanded early education and rural healthcare. Her reach is now broadening with a quintessential American honor: a Barbie doll in the late Mankiller’s likeness as part of toymaker Mattel’s “Inspiring […]

10 hours ago

Notes from students expressing support and sharing coping strategies paper a wall, as members of th...

Associated Press

Lacking counselors, US schools turn to the booming business of online therapy

Trouble with playground bullies started for Maria Ishoo’s daughter in elementary school. Girls ganged up, calling her “fat” and “ugly.” Boys tripped and pushed her. The California mother watched her typically bubbly second-grader retreat into her bedroom and spend afternoons curled up in bed. For Valerie Aguirre’s daughter in Hawaii, a spate of middle school […]

11 hours ago

Associated Press

Authorities identify suspect in killing of 3 homeless men in Los Angeles

LOS ANGELES (AP) — A Los Angeles man already in custody in connection with another shooting investigation has been identified as the suspect in three recent killings of homeless men, police said Saturday. Los Angeles Police Chief Michel Moore said Jerrid Joseph Powell, 33, was identified as the suspect in the three killings after authorities […]

16 hours ago

Associated Press

Report: Contaminants being removed from vacant Chicago lot where migrant housing is planned

CHICAGO (AP) — High levels of mercury and other contaminants are being removed from a vacant Chicago lot where a tent camp housing 2,000 migrants is planned, a report from a consultant hired by the city said. The Chicago Tribune reported that the nearly 800-page assessment by Terracon Consultants released Friday night said high levels […]

17 hours ago

Sponsored Articles

(KTAR News Graphic)...

KTAR launches online holiday auction benefitting Boys & Girls Clubs of the Valley

KTAR is teaming up with The Boys & Girls Clubs of the Valley for a holiday auction benefitting thousands of Valley kids.

Follow @KTAR923...

West Hunsaker at Morris Hall supports Make-A-Wish Foundation in Arizona

KTAR's Community Spotlight this month focuses on Morris Hall and its commitment to supporting the Make-A-Wish Foundation in Arizona.

...

DAY & NIGHT AIR CONDITIONING, HEATING AND PLUMBING

Importance of AC maintenance after Arizona’s excruciating heat wave

An air conditioning unit in Phoenix is vital to living a comfortable life inside, away from triple-digit heat.

Rights upheld, lawsuit revived against teacher accused of cutting Native American student’s hair