ALBUQUERQUE, N.M. — On Thursday, the New Mexico Supreme Court decided to allow an antidiscrimination lawsuit against the state’s largest school district to go forward. This important ruling clarifies that public educational institutions, including schools and universities, can indeed be held liable for acts of discrimination under the New Mexico Human Rights Act.
The case in question dates back to 2018, involving a high school teacher in Albuquerque who reportedly engaged in discriminatory behavior against two Native American students. One incident involved the teacher cutting off a Native American girl’s hair, while another student was allegedly questioned about her Halloween costume, which led to the insensitive remark about being dressed as a “bloody Indian,” despite her simply dressing as Little Red Riding Hood with fake blood on her cheek.
The public outcry over these incidents led to legislative discussions in New Mexico and beyond, aimed at preventing discrimination based on hairstyles and religious headdresses. The court underscored the significance of the New Mexico Human Rights Act, emphasizing that its safeguards must be viewed through the lens of the state’s troubling history of racial discrimination, particularly in educational settings. The justices noted that the prohibition against discrimination within public schools has been evident since the state was founded.
In affirming a lower court’s 2023 decision, the Supreme Court concluded that public schools fall under the definition of “public accommodation” as per state antidiscrimination laws. They reasoned that these institutions do not limit access to their services, thereby maintaining their public nature. The court also remarked that the state constitution requires public schools in New Mexico to be accessible to every child.
Furthermore, the court overturned a 1981 ruling which stated that public universities were not regarded as public accommodations concerning the administration of their educational offerings. This issue was raised during the recent appeal.
The lawsuit emerged when the American Civil Liberties Union of New Mexico filed a claim against Albuquerque Public Schools and the teacher accused of promoting a hostile educational environment. During a Halloween-themed class, the English teacher, Mary Jane Eastin, allegedly dressed as a “voodoo witch” and initiated a game that involved asking students questions, rewarding correct answers with marshmallows and incorrect ones with dog food. In a particularly troubling moment, she is accused of cutting approximately three inches off the hair of a Native American student without consent, leaving the hair scattered on her desk.
Another plaintiff, McKenzie Johnson, was reportedly asked by Eastin if she was costumed as a “bloody Indian,” creating a distressing experience for the young girl. Johnson’s mother later clarified that her daughter was dressed as Little Red Riding Hood. Johnson expressed her diminished sense of belonging at school, stating that the ruling made her feel “validated.”
She asserted, “No student should endure discrimination or disrespect in the classroom,” calling for educators to emphasize cultural awareness and foster environments where all students feel valued and respected.
While the superintendent of the school district publicly expressed regret over the 2018 incident and assured parents that Eastin would not be returning to Cibola High School, Eastin’s legal representation has not yet responded to inquiries regarding the recent ruling.
In a statement following the court’s decision, the school district affirmed that the events occurred at Cibola High School were inappropriate. However, they expressed disappointment with the ruling, arguing that it oversteps existing laws, disregards legislative processes, and challenges established legal precedents. They also voiced concerns about the potential negative implications for public educators statewide. Regardless, the district acknowledged the court’s decision and committed to acceptance of its ruling.
