ByJoseph Stipp
In recent years, the sports world has grappled with the complex issue of cultural appropriation, particularly concerning the use of Native American names and imagery in professional sports. The controversy reached a boiling point in 2020 when the Washington Redskins changed their name to the Washington Commanders due to longstanding criticism and legal action levied against them.[1] This change marked a significant turning point for the conversation around Native American representation in sports as one of the most prominent teams in the world’s leading sports league took direct action.[2] Now, attention has shifted to the Kansas City Chiefs, a franchise with incredible success over the last few years, who has faced mounting pressure to reconsider its use of Native American symbols and chants.[3]
The name change of the Washington Redskins was the end result of years of lawsuits, public outcry, and increasing pressure from various groups. Primarily, Washington faced legal challenges regarding their trademark of the name. These challenges culminated in 2014 when the U.S. Patent and Trademark Office canceled the Redskins trademark, stating that the name was disparaging to Native Americans.[4] This ruling was a significant victory for advocacy groups, like the Native American Guardians Association, which had long campaigned against the use of the Redskins name and had filed numerous lawsuits against the organization.[5] In the following years, pressure continued to mount as many sponsors and public figures began to withdraw their support as well.[6] In 2020, amid a broader social movement regarding racial justice and equality, the team announced it would retire the Redskins name and logo.[7]
While the Washington Redskins chose to transition to the Commanders and apologize for the long-time use of their name, the Kansas City Chiefs have remained under public scrutiny for their continued use of Native American imagery and a seemingly lackluster response to calls for change. When asked for comment immediately following Washington’s announcement, the Chiefs refused to answer any questions about the situation.[8] Since then, the Chiefs have been criticized for their use of an arrowhead as their primary symbol, traditions stemming from Native American culture, and their name itself.[9] Given the considerable recent success of the Chiefs with multiple visits to the Super Bowl and three championships, their continued use of this imagery has risen to the forefront of lingering questions regarding racial dynamics in the NFL.
In 2023, activists highlighted their continued discontent with the Chiefs by protesting the team’s branding outside of the 2023 Super Bowl.[10] In large demonstrations, protestors alleged that the use of the Chiefs name was derogatory toward Native Americans and perpetuated the issue of cultural appropriation.[11] One of the most controversial practices by the Chiefs was consistently mentioned: the use of the “tomahawk chop.” The tomahawk chop chant is a staple at Chief’s games, where fans slash their arms downward in a chopping motion repetitively at the same time. The chant has become a fan favorite for many but has been heavily criticized by critics who label it as a stark reminder of cultural appropriation.[12] Although the Chiefs have taken some action in the past such as banning headdresses and Native American style face paint at their stadium, they are yet to address any calls for the removal of the chop.[13]
The Kansas City Chiefs current situation raises several legal questions about the appropriate nature of using Native American symbolism and imagery in sports. While there is not any specific federal or state laws preventing their use, a number of legal frameworks exist that could impact a team’s ability to use Native American imagery. First, as societal norms continue to evolve, anti-discrimination laws may increasingly play a critical role in determining the viability of team names and logos that have culturally significant origins. If people begin to perceive the Chiefs branding as disparaging, then it could face significant legal challenges as public sentiment continues to shift against the use of these types of names and images. Second, as companies and sponsors become more socially aware, there might be a rise in pushback against sponsoring organizations like the Chiefs. As sponsors increasingly consider the public’s perception of their associations, they might withdraw support of the Chiefs due to public outcry. These moves could exert significant financial pressure on the Chiefs and lead to changes amongst their name and images. Third, mounting political pressure has been levied at a number of organizations with tribal affiliations, including the Chiefs. In 2024, Deb Haaland, the first indigenous US Secretary of the Interior, directly called on the Chiefs to change their mascot out of respect for Native Americans and their culture.[14] If this type of political pressure increasingly grows, it will force many professional teams, like the Chiefs, to make decisions quickly. Currently, despite these factors at play, the Chiefs have continuously denied any plans to change their name, mascots, or practices such as the tomahawk chop.
Moving forward, the ongoing controversy among the Chiefs provides a meaningful opportunity for dialogue regarding the issue of cultural representation in sports. Ultimately, the goal should be to create an environment where all fans feel respected and represented, and where sports can promote a platform of unity rather than division. Franchises like the Chiefs have a unique role in our society as they navigate the nuances of representing and celebrating the culture of Native Americans while simultaneously dealing with the pressures of a changing world. If the Chiefs are able to engage with advocates and understand the implications of their branding decisions, then they can be at the forefront of a pathway forward to a more respectful and inclusive representation of Native cultures in the NFL.
Joseph Stipp is a 3L at the University of North Carolina-Chapel Hill School of Law, where he has gained valuable insights into NCAA compliance and regulations. He recently completed a summer associate position at the law firm Starnes Davis Florie in Birmingham, Alabama, which serves as general counsel for the University of Alabama, the SEC, and a number of other NCAA schools. These experiences gave him a deep understanding about legal issues facing collegiate athletics and professional sports and Joseph has accepted a full-time position with the firm, furthering his commitment to the intersection of sports.
[1] Pro-Football, Inc v. Blackhorse, 112 F. Supp. 3d, 439 (E.D. Va. 2015).
[2] Rosa Sanchez, NFL’s Washington Redskins to change name following years of backlash, ABC News (July 13, 2020), https://abcnews.go.com/US/washington-redskins-change-years-backlash/story?id=71744369#:~:text=The%20decision%20comes%20amid%20the,are%20offensive%20towards%20Native%20Americans.
[3] Noreen Nasir, For Native American activists, the Kansas City Chiefs have it all wrong, AP News (February 10, 2024), https://apnews.com/article/super-bowl-native-american-mascot-chiefs-41397b038e03c01865d42a3f77766c98.
[4] See Pro-Football, 112 F. Supp. at 441.
[5] Native Am. Guardian’s Ass’n v. Wash. Commanders, 3:23-cv-186 (D.N.D. 2024).
[6] Eric Levenson, These teams faced pressure to change their Native American names. Here’s what’s happened since, CNN (December 14, 2020), https://www.cnn.com/2020/12/14/us/cleveland-washington-native-american/index.html.
[7] Tommy Beer, Washington Redskins Officially Announce They Will Change Team Name, Forbes (July 15, 2020), https://www.forbes.com/sites/tommybeer/2020/07/13/washington-redskins-officially-announce-they-will-change-team-name/.
[8] Redskins, Indians considering new names. Is it time for the chiefs to make a change, The Kansas City Star (July 7, 2020), https://web.archive.org/web/20200718041018/https://www.kansascity.com/opinion/editorials/article244043712.html.
[9] Id.
[10] Ellie Willard, ‘It dehumanizes us’: Native activists protest Chiefs’ name and logo near State Farm Stadium, Arizona Central Republic News (February 12, 2023), https://www.azcentral.com/story/news/local/arizona/2023/02/12/native-activists-protest-chiefs-name-and-logo-near-state-farm-stadium/69879098007/.
[11] Id.
[12] Id.
[13] Carron J. Phillips, The NFL Must Ban Native Headdress And Culturally Insensitive Face Paint in the Stands, Deadspin (November 27, 2023), https://deadspin.com/roger-goodell-kansas-city-chiefs-fan-black-face-native-1851048905/.
[14] Casey Cep, Deb Haaland Confronts The History of the Federal Agency She Leads, The New Yorker (April 29, 2024), https://www.newyorker.com/magazine/2024/05/06/deb-haaland-confronts-the-history-of-the-federal-agency-she-leads.
