North Dakota taking NCAA to court over nickname

State officials filed a lawsuit Friday against the NCAA to challenge its restrictions on the University of North Dakota’s Fighting Sioux nickname.

Attorney General Wayne Stenehjem said the lawsuit, filed in Northeast Central District Court in Grand Forks, alleges a breach of contract by the NCAA, a breach of good faith and illegal restraint of trade.

Stenehjem said the lawsuit seeks to allow the University of North Dakota to use the nickname throughout the school year without being sanctioned in possible postseason play, along with unspecified money damages.

The NCAA has banned the use of some American Indian nicknames and logo in postseason tournaments, saying they are hostile and abusive.

Stenehjem said the NCAA overstepped its bounds. “This is about a process to be followed by the NCAA,” he said.

“Frankly, I don’t think that anybody, regardless of how they feel about the result, should be satisfied or pleased with the process,” Stenehjem said.

I think this case is a winner.  Florida State is allowed to keep their nickname when they let a white person dress up as an Indian, while riding a horse and chanting.  The University of North Dakota was treated very unfairly by an NCAA looking to bully a smaller school around.

North Dakota Attorney General Wayne Stenehjem was asked, on a radio show this morning, how much this lawsuit will cost and if taxpayer money will be used.  This answers that question…

A branch of the University of North Dakota Alumni Association set up a fund to help pay for the lawsuit after the state board of education said it must be financed with private money.

I highly recommend everyone reading UND President Charles Kupchella’s letter to the NCAA regarding this matter.  The case against the NCAA is laid our quite nicely. 

Update by Whistler:  Last year I did a post where I talked to an attorney to discuss the merits of the case.  If anyone is interested; here it is: