Sioux 1 NCAA 0!!!!

[darell1976]

Judge Grants Injunction Against NCAA
Decision Allows UND To Host Playoff Games
by Patrick C. Miller/USCHO Arena Reporter
GRAND FORKS, N.D. — The Grand Forks Herald reported Sunday that Judge Lawrence Jahnke has granted a preliminary injunction to halt enforcement of an NCAA policy against American Indian nicknames, mascots and imagery.

The Herald said that Jahnke contacted North Dakota Attorney General Wayne Stenehjem in Florida on Saturday night to tell him that he had approved the injunction. Stenehjem is representing the state of North Dakota in its lawsuit against the NCAA. Further details on the judge's ruling are expected to be released today.

This means that until the lawsuit is settled, the NCAA cannot enforce the policy against the University of North Dakota and other schools affected by it. That's good news for UND, whose Division II football team on Saturday became co-champions of the North Central Conference with a 33-26 victory over the University of South Dakota.

When pairings for the NCAA Division II playoffs are announced Sunday, UND is expected to be the number-two seed in the Northwest Region, which means the Sioux will host at least one playoff game. UND is 8-0 in the postseason when playing on its home field at the Alerus Center in Grand Forks.

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During a hearing last Thursday in Northeast Central District Court in Grand Forks County, Jahnke heard arguments on North Dakota's motion for a preliminary injunction against the NCAA.

The judge indicated then that his ruling would be based on whether the NCAA violated its constitution and bylaws when it adopted the policy, not whether UND's Fighting Sioux nickname and logo was "hostile and abusive" as the association ruled.

Jahnke said he would not make a "knee-jerk reaction" ruling and instead would take time to study briefs filed by North Dakota and the NCAA, as well as conduct independent research on the legal issues presented.

"Obviously, this is a very emotional issue, a very controversial issue and a very sensitive issue," the judge said in an Associated Press story.

Jahnke set April 24 as the tentative date for a jury trial to determine if the state will receive a permanent injunction against the NCAA's policy, as well as unspecified financial damages and attorneys' costs.

The NCAA policy against the use of America Indian nicknames, mascots and imagery it deems "hostile and abusive" was announced August 2005 by the NCAA Executive Committee. UND's third and final appeal for exemption from the policy was rejected by the executive committee last April.

The policy prohibits UND from hosting NCAA-sponsored championship events or displaying the school's Fighting Sioux nickname and logo at those events. On Oct. 6, Stenehjem filed a lawsuit for the state on behalf of UND and the State Board of Higher Education, which mandated that the university use the name and logo

[youwouldno]

Good for UND and the state of North Dakota. I've been very surprised at how many programs and states have allowed themselves to be bullied by the vile people running the NCAA.

[Marcus Garvey]

Good for UND and the state of North Dakota. I've been very surprised at how many programs and states have allowed themselves to be bullied by the vile people running the NCAA.

It's not a coincidence that every major football and/or basketball program that was affected by this ruling got an exemption from the NCAA:
Florida St., Illinois, Utah, etc...

Those schools have the money and pull to tell the NCAA to go $@#! themselves.

[walliver]

The Newberry College Indians also get to host a playoff game. Newberry vowed to fight to the death, but at the last minute promised the NCAA to change their nickname by fall of 2008. Newberry actually had two strikes against it, the nickname and the Battle Flag

[HI54UNI]

North Dakota gets nickname reprieve (http://news.yahoo.com/s/ap/20061113/ap_on_sp_co_ne/fbc_north_dakota_nickname)

By BLAKE NICHOLSON, Associated Press Writer Mon Nov 13, 4:58 PM ET

BISMARCK, N.D. - A district judge has granted a preliminary injunction to stop the
NCAA from banning the University of North Dakota from hosting a postseason game because of its "Fighting Sioux" nickname, state Attorney General Wayne Stenehjem said.

The decision came hours before the school learned it will host a playoff football game in less than a week.

UND Athletic Director Tom Buning said Sunday that judge Lawrence Jahnke sent an e-mail late Saturday that stated his decision and said a formal ruling was coming. Buning said he did not expect the formal order to be released until Monday.

Jahnke did not immediately return a telephone call Sunday seeking comment.

UND is among a handful of schools with American Indian nicknames and logos that the NCAA considers hostile and abusive. Those schools are barred from holding postseason tournaments, or from using their nicknames during road playoff games.

Stenehjem, in asking for the injunction, said the ban might cost UND (9-1, 7-1 North Central Conference) home field advantage in this year's NCAA Division II football playoffs.

Fargo attorney Wick Corwin, representing the NCAA, also did not immediately return a telephone call Sunday.

The NCAA, which designed its policy to avoid a confrontation in court, issued a written statement saying it still expected to prevail.

"We are disappointed in the preliminary ruling but will continue to defend the NCAA's right and responsibility to enact guidelines in the best interest of our member schools, our student-athletes and our fans," the statement said.

On Sunday the NCAA said Newberry College has agreed to change its nickname from Indians to avoid sanctions.

Stenehjem asked Jahnke during a court hearing Thursday to stop the NCAA from banning the nickname until a full hearing on the case is held.

North Dakota officials sued the NCAA last month, saying the ban is a breach of contract and violates antitrust laws. The NCAA argued that an exemption for UND would deprive the association of authority over its own championships.

Jahnke on Thursday set a tentative trial date in the nickname dispute for April 24. The attorney general's office is handling the case for UND, which is paying for it with private contributions.


:hurray: :hurray: :hurray:
GO UND

[BobbyMo]

A district judge has granted a preliminary injunction to stop the NCAA from banning the University of North Dakota from hosting a postseason game because of its "Fighting Sioux" nickname, state Attorney General Wayne Stenehjem said.

:hurray: :nod: :nod: :hurray: :hurray:

[HI54UNI]

NCAA won't appeal ruling that lets UND keep logo until trial (http://www.startribune.com/462/story/807846.html)

FARGO, N.D. - A spokesman for the National Collegiate Athletic Association says the group won't appeal a judge's decision that allows the University of North Dakota to keep its Fighting Sioux nickname until the case is decided at trial.

Northeast Central District Judge Lawrence Jahnke's order granting a preliminary injunction was formally released Monday. Attorneys had been notified by e-mail late Saturday, hours before the UND football team was chosen to host an NCAA Division II playoff football game this weekend.

"We're disappointed," NCAA spokesman Chuck Wynne said Monday. "But it's not totally unexpected. For all practical purposes, there really isn't time [to appeal]."

UND will face Winona State on Saturday in Grand Forks.

The NCAA listed UND among a handful of schools with American Indian nicknames and logos considered hostile and abusive. Those schools are barred from holding postseason tournaments or from using their logos during any playoff games.

Jahnke, who has scheduled a trial in the case for April 24, said in his ruling Monday that UND had established a "substantial likelihood or prevailing" on its breach of contract claim against the NCAA over the nickname ban.

"However the state at this juncture has not proved the likelihood of prevailing in the antitrust claim," he wrote.

The North Dakota attorney general's office is handling the case for UND, which is paying for it with private contributions.

ASSOCIATED PRESS