Spirit Lake Nation loses decision in 'Fighting Sioux' lawsuit

Wednesday, May 29, 2013  

The Spirit Lake Nation lacks standing to sue over the retirement of the "Fighting Sioux" nickname and logo at the University of North Dakota, the 8th Circuit Court of Appeals ruled today.

UND agreed to drop the nickname and logo in a settlement with the NCAA. The tribe said it should have been included in the agreement.

The 8th Circuit, however, said the tribe lacks a legally protected interest in the name. A 1969 ceremony in which tribal members expressed appreciation for UND did not grant the tribe any rights to the "Fighting Sioux," the court noted.

"However meaningful the nickname’s grant may have been, there was no contract because there was no indication of mutual intent to create a legal obligation, let alone an obligation sufficiently definite and certain that a court could require its performance," the 8th Circuit said in the unanimous decision.

Get the Story:
Spirit Lake committee's last effort to save Fighting Sioux nickname fails (The Grand Forks Herald 5/29)

8th Circuit Decision:
Spirit Lake Nation v. NCAA (May 29, 2013)