Texas NAACP, UT students file civil rights complaint over "Eyes of Texas"

University of Texas Tower

Controversy over "The Eyes of Texas" alma mater at the University of Texas continues to swirl, with a new civil rights complaint filed on Friday alleging that the school is creating a "hostile environment" for Black students by continuing to play the song at university events.

The complaint, filed with the U.S. Department of Education's Office of Civil Rights and first reported by The Texas Tribune, alleges violations of Title VI of the Civil Rights Act as well as equal protections provided by the Fourteenth Amendment.

The Texas chapter of the NAACP, along with the UT-Austin chapter and a group of anonymous students, allege in the complaint that Black students are being denied the "full benefits" of student life at the university because the song remains as an officially recognized symbol of the school.

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Debate over the school song has raged for more than a year, with a number of football players and band members calling on the school to drop the song. UT-Austin president Jay Hartzell said the song would remain, and a university-commissioned group formed to study the song's history found "no racist intent" in the song's origins, despite its historical beginnings at an early 1900s minstrel show.

Part of the complaint focuses on the school's decision to create a new band for those who don't wish to play The Eyes of Texas. Gary Bledsoe, president of the Texas NAACP, told the Tribune that decision was among the most egregious, similar to a 1950-era decision to create a separate law school for Black students rather than admit a Black applicant into the UT Law School. The U.S. Supreme Court eventually ruled against the school.

The new band, which Butler School of Music officials announced in April, will be "a new band concept designed for individuals who want to perform in a marching band, with a focus on leading/directing bands and community engagement."

At the time, officials said members of the Longhorn Band would "continue to perform at university events, sporting events and high-profile functions, including graduation and alumni ceremonies," and perform a required repertoire including the alma mater and fight song. University officials said students involved in any of the bands would continue to receive a $1,000 performance scholarship, with section leaders receiving a minimum of $2,500.

The complaint also focuses on a dispute involving campus tour guides, who had called for a plaque featuring the lyrics of "The Eyes of Texas" to be removed from the university's welcome center. Members of the Texas Tour Guides went on strike, and those students were told via email in late April that they should "inform their supervisor" if they "no longer desire to serve" in the tour guide role based on their feelings about the song.

The University has since agreed to remove the lyrics from the welcome center plaque.

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