Native American sues school for $50k after she says she was banned from wearing feather in grad cap 

A Native American teen has sued her high school for $50,000 after it banned her from wearing a sacred eagle feather on her graduation cap.

Lena Black, of Oklahoma, has sued Broken Arrows Public Schools after school officials “talked” her and took her eagle feather just before she was due to graduate in May 2022.

Black, who is a member of the Otoe-Missouria tribe, was told to “remove” the feather from her cap, which was close to her tassel, because she was not allowed to wear it. The feather was reportedly damaged after two school officials ‘attempted to forcibly remove the eagle plume’ court case mention.

Black then had an anxiety attack and “collapsed” to the floor, trying to protect herself and her feather as “school officials continued to grab for her eagle plume and cap.”

She eventually walked across the graduation podium with the feather in her hand, the lawsuit said.

The now graduate says her First Amendment rights were violated because other students were allowed to wear crosses, hijabs, secular stoles, cords and other items to graduate.

Black, who is a member of the Otoe-Missouria tribe, was told to “remove” the feather from her cap, which was close to her tassel, because she was not allowed to wear it. The feather was reportedly damaged after two school officials “attempted to forcibly remove the eagle plume,” the lawsuit said (Photo: Broken Arrows Public Schools Building)

“My eagle plume has been part of my cultural and spiritual practices since I was three years old. I wore this plume the day of my graduation in recognition of my academic achievement and to carry with me the prayers of my Otoe-Missouria community,” she said, according to the Native American Rights Fund, which represents her.

“The law protects my right to wear this eagle’s plume upon graduation, and school officials had no authority to forcibly remove it from my cap.”

The school argued that it no longer had a dress code because it had not asked permission to wear the feather during the ceremony. However, the Oklahoman said she didn’t know she had to follow a particular process, according to CNN.

The school requires students wishing to customize their graduation attire to submit an application — including a photo of the item — and meet with the Native American Education Coordinator or Director before receiving written approval.

Black said the Native American coordinator was on leave at the time, and when she asked a teacher if she could wear the eagle feather, she was told she would be fine, according to CNN.

The former student is now seeking $50,000 in damages and her attorney, Morgan Saunders, said the case demonstrates continued discrimination against Native Americans.

The now graduate says her First Amendment rights were violated as other students were allowed to wear crosses, hijabs, secular stoles, cords and other items to graduate

Governor Kevin Stitt recently vetoed legislation that would have made it illegal for schools to discriminate against graduation dress codes, according to the Native American Rights Fund.

The bill would have reaffirmed the rights of Native American students like Black to wear tribal regalia at graduations, a critical protection in the state with the second highest concentration of American Indians. “After his veto, Governor Stitt suggested that this issue should instead be resolved at the district level.”

“This lawsuit shows why these decisions cannot be left to individual school districts,” Pipestem Law Partner Wilson Pipestem said in a statement. “Without clarity from the state, Indigenous students will continue to be forced to seek justice in court after their rights have been violated and their graduations are long over.”

Oklahoma is home to nearly 40 Native American tribes.