A federal appeals court has partially revived a challenge to New York's regulation banning Indigenous names, logos, and mascots in public schools. The Second Circuit ruled that a Wantagh school board member, Anthony Greco, can pursue a First Amendment claim in his personal capacity over being barred from wearing Warriors apparel at school events. However, the court affirmed dismissal of claims brought by the school district and the board itself, holding that local governmental entities lack capacity to challenge state law under New York's traditional rule.
The court found that Greco plausibly alleged his clothing choice is expressive conduct tied to a constitutional interest, and that the regulation arguably prohibits it. The threat of enforcement was deemed sufficiently imminent because the state Board of Regents has explicitly opposed the Warriors name. But the court rejected Greco's vagueness challenge and limited his standing to the specific provisions that apply to him as an officer, not to broader sections regulating school districts.
On the merits, the Second Circuit said the lower court erred in dismissing Greco's speech claim without considering the context of his support for the Warriors, including community survey results. It also flagged an open question: whether the Pickering framework, which restricts public employees' speech claims, even applies to a volunteer, elected school board official. That issue was remanded for the district court to decide in the first instance. The ruling does not resolve whether the regulation itself violates the First Amendment, only that Greco's personal claim can move forward.