Other views: Judge’s ruling is confusing

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The president of North Dakota’s Board of Higher Education was being kind when he said a judge’s edict regarding the University of North Dakota Sioux logo was “bizarre.” Richie Smith was reacting to a temporary injunction granted by Northeast District Judge Michael G. Sturdevant of Bottineau. The judge acted as part of a lawsuit brought by a group of nickname/logo supporters from the Spirit Lake tribe.

The ruling is more than bizarre. It seems just plain silly. It prevents the higher ed board from retiring the logo until a Dec. 9 hearing in front of the judge. The board had planned to discuss the logo at its Nov. 19 meeting.

Want more bizarre? According to The Associated Press, the Grand Forks attorney representing the Spirit Lake group, Pat Morley, has done legal work for the Engelstad Arena. The Engelstad family has been among the most vocal supporters of the Fighting Sioux logo and nickname. The arena is festooned with thousands of logos. Not to worry, said Morley. There is no financial link between his work for the tribal group and the arena folks.

Still more bizarre? It’s curious the judge would even grant the Spirit Lake supporters’ standing to seek an injunction. The logo and nickname in all their versions are owned by UND. North Dakota Sioux tribes, which certainly have a place in the logo discussion, have no legal legs on which to stand when it comes to the ultimate fate of the logo. The university and higher ed board have extended the necessary courtesy of including tribes in the debates, but when push comes to shove, the higher ed board must make the call.

In the less bizarre realm, a little honesty might be in order. Despite all the hand-wringing and politically correct pontificating about the use or misuse of the Sioux image and name, the real drivers behind dumping the logo are the NCAA and the Summit League athletic conference. The NCAA said UND will not be able to participate in postseason play if the school clings to the logo. The league said UND will not be admitted until the dispute is settled. In other words, UND will not become a fully participating Division I school until the logo is history.

The higher ed board has not covered itself with glory in this mess. Weak and vacillating, the board has made a bad situation worse. In attempting to accommodate tribes by delaying a decision, the board has learned that tribal leaders have their own agendas and timetables. In effect, the higher ed board has been jerked around.

The board should shift from accommodation (pandering?) to action. Quickly appeal Judge Sturdevant’s curious edict. It’s hard to imagine so foggy a ruling can survive clear-eyed legal scrutiny. Then finish the business that should have been finished months ago: Vote the logo into the history books.

Tags: other views, opinion, editorials, nickname, und, sioux, ruling