New California law bans Native American mascots at K-12 schools, strengthens Feather Alerts

Emma Hall
Wed, October 2, 2024 at 8:00 AM MDT·5 min read


Gov. Gavin Newsom signed bills focused on issues ranging from the Missing and Murdered Indigenous People crisis to banning the use of Native American slurs in athletic teams and mascots at K-12 schools.

Among the bills passed was Assembly Bill 3074, which will prohibit K-12 schools from using any derogatory term against Native people as a school or athletic team name by July 2026. These names include, but are not limited to, “Apaches, Big Red, Braves, Chiefs, Chieftains, Chippewa, Comanches, Indians, Savages, Squaw and Tribe.”

Existing law prohibited the term “Redskin” from being a school name or mascot.

“We can’t just let the state of California and local jurisdictions use offensive mascot names to continue that mentality that Indian people are somehow less than human. We are sitting right with people today,” said Assemblyman James Ramos, D-San Bernardino, who co-authored the bill.

Assemblywoman Pilar Schiavo, D-Chatsworth, spearheaded AB 3074 alongside Ramos and Assemblyman David Alvarez, D-Chula Vista.

Public schools operated by tribal nations or organizations will be exempted from this law. This law would take affect beginning July 1, 2026.

Newsom also signed the following bills related to Indian Country. The following legislation was written by Ramos, who is Serrano/Cahuilla and the first and only Native lawmaker in the Legislature:

▪ AB 1821, Pupil instruction of treatment of Native Americans: K-12 students will be taught historically accurate lessons on the mistreatment of Native Americans in California. Students will now learn about the California genocide during the Spanish colonization and the Gold Rush eras.

▪ AB 81, The California Indian Child Welfare Act: County welfare department or county probation department will have to inquire if a child is Native American when first contacted. This law seems to safeguard the Indian Child Welfare Act of 1978, which protects Native American from being removed from the custody of their parents or guardians.

▪ AB 2695, Law enforcement criminal statistics: To better understand where criminal incidents related to the Missing and Murdered Indigenous People crisis occur, the Department of Justice must align its records and date with the federal National Incident-Based reporting system. This law, focused on data collection, will be used to help law enforcement identify domestic violence incidents in Indian Country.

▪ AB 2108, The Luke Madrigal Act: Will require county social works and probation officers to notify local law enforcement and parents or guardians of a foster child’s disappearance. This report must be made no later than 24 hours of receiving information that they’re missing. This law will apply to all children in foster care, but will specifically address missing Native foster children. Native American children enter foster care at a rate 2.7 times higher than the general population. This rate is highest out of any ethnic group.

▪ AB 1284, Tribal ancestral lands and waters: The Natural Resources Agency will be encouraged to enter co-governance and co-management agreements alongside federally recognized tribes. This bill seeks to empower tribes in negotiations between the state, and prevent the negative impacts of climate change.

Other laws, authored by other assembly members, focused on topics like prescribed burns, transportation and tribal housing.
The Feather Alert and the Missing and Murdered Indigenous People crisis

The Missing and Murdered Indigenous People crisis was a primary focus for tribal-focus legislation this session. The epidemic refers to the disproportionate Missing and Murdered cases of Native people, California has the fifth most cases in the nation.

There are more than 150 unsolved cases in California. Across the state, these cases are seven times less likely to be solved compared to any other ethnic group, according to the Yurok Tribal Court.

Bernadette Smith sits with a red handprint painted across her face with her daughter Chishkaleh Flores, 2, at the Missing and Murdered Indigenous People vigil at the Capitol on Wednesday, May 1, 2024. She holds a sign of her sister, Nicole Smith, who was murdered in 2017 on the Manchester Rancheria. Her murder is now a cold case.

The Feather Alert, similar to an Amber Alert, has faced obstacles since its passing. The California Highway Patrol has rejected about 60% of Feather Alert requests, according to the Press Democrat.

Delays with the Feather Alert remains an issue for California tribal communities. In September, Amy Porter, a 43-year-old member of the Morongo Band of Mission Indians, went missing and found dead.

She was last seen on Sept. 15. Frustrated by a lack of urgency, her family began their own search after hearing reports that Porter was involved in a car crash.

Her body was found in the desert near Interstate 10 in Yucaipa in San Bernardino County, according to Native News Online. This was a day after the California Highway Patrol issued her Feather Alert.

Porter’s death is under investigation by the San Bernardino Sheriff’s Department, according to the Los Angeles Times.

To make the Feather Alert stronger, Ramos authored two amendments that would allow tribes to work directly with CHP and mandate they provide a explanation of why an alert is denied. The other amendment will require law enforcement agencies to respond to a Feather Alert request within 48 hours.

These amendments seek to prevent Feather Alerts requests from being delayed and to empower tribes to bring their loved ones home.

While several bills focused on the Missing and Murdered Indigenous People crisis passed, Newsom vetoed AB 2138. This legislation sought to kick start a program with the Department of Justice to give tribal police peace officer status.

Newsom wrote in his veto memo that the bill would create a “significant legal disparity between California peace officers and tribal police officers.”

Ramos said he plans to revisit AB 2138 in the future.

“Indian people in the state of California still feel invisible in many cases. Where is the justice in that?” Ramos said. “We will continue to work with the administration. We will continue to work on these areas and these policies that bring public safety to California’s First People.”