The New Mexico Supreme Court has ruled that Albuquerque Public Schools (APS) must comply with state anti-discrimination laws. This decision follows an incident at Cibola High School where a teacher cut a Native American student's braid without consent and referred to another student, McKenzie Johnson, as a "bloody Indian" on Halloween in 2018.
This ruling supports the June 2023 decision by the New Mexico Appeals Court, affirming that public schools fall under the protections of the New Mexico Human Rights Act. The case, McKenzie Johnson v. Board of Education, overturns a precedent set in 1981 by Human Rights Commission v. Board of Regents of University of New Mexico College of Nursing. The lawsuit will return to district court for further proceedings.
Johnson is represented by the American Civil Liberties Union (ACLU) of New Mexico, the New Mexico Center on Law and Poverty, and Parnall & Adams Law.
"I feel validated and relieved by the ruling today," said Johnson. "It reaffirms the importance of respecting diversity and upholding the rights of Indigenous students like myself."
Leon Howard, Interim Executive Director of ACLU of New Mexico, stated: "The New Mexico Supreme Court's decision sets an important precedent for protecting the rights of students in our public school system."
On October 31, 2018, Mary Jane Eastin, Johnson’s advanced placement English teacher dressed as a “voodoo witch” for Halloween. During class activities involving questions and rewards or penalties with marshmallows or dog food respectively, Eastin made comments towards Native American students which led to her eventual departure from APS after public protests.
Preston Sanchez from ACLU-NM commented: "The mistreatment experienced by these students echoes historical traumas inflicted upon Indigenous communities throughout our nation's history."
Johnson's lawsuit claims APS created a hostile learning environment and failed to adequately train teachers on racism's harms while ensuring student safety.
A special court hearing took place at Central New Mexico Community College attended by hundreds of public school students statewide.
