‘The Eyes of Texas’: UT students, Texas NAACP file federal civil rights complaint over song

by Megan Menchaca

University of Texas students and the Texas NAACP have filed a federal civil rights complaint claiming that UT is discriminating against Black students on the basis of race by its use of “The Eyes of Texas.”

The Texas and UT chapters of the NAACP, along with five anonymous students, filed the complaint with the U.S. Education Department’s Office of Civil Rights on Friday. The complaint, which was first reported by The Texas Tribune, says Black students, faculty, staff and alumni are subjected to a hostile environment by UT’s “offensive,” “disrespectful” and “aggressive” use of the school song.

According to the complaint, the use of the song also has led to multiple instances of racial discrimination against students who oppose the song. The complaint also alleges that students who oppose the song have been denied the full benefits of the Longhorn student experience because the song is an official part of UT.

“(UT’s actions) are a violation of the university’s obligation under the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964, and clearly in violation of the university’s responsibility to provide a violence- and intimidation-free environment for our young students so they can pursue their education the same as others,” said Gary Bledsoe, president of the Texas NAACP.

The complaint says the actions of certain UT alumni may also be attributable to UT because the university has an obligation to protect students and provide them with a safe educational environment. Some alumni have made threatening statements against students, who are fearful of retaliation and harm, the complaint says.

“University students, alumni, staff and faculty who oppose the use of this racially offensive song have been disregarded and subjected to racial hostility … because the hatemongers have been empowered on UT campus and the dignity and respect for those who have different beliefs has been undermined,” the complaint says.

An Education Department spokesperson said the Office for Civil Rights does not acknowledge complaints until they have been accepted for investigation, and it updates its list of investigations once a month. UT did not respond to a request for comment about the complaint.

‘A song of white supremacy’

“The Eyes of Texas” debuted at a minstrel show in 1903 by singers who were likely in blackface, according to a UT report published in March. In the wake of protests in response to the murder of George Floyd last spring, some people, including many UT students, called for the song to be replaced due to its racist history.

UT President Jay Hartzell said in July 2020 that the song would remain as the alma mater, and later announced the creation of a committee to chronicle the song’s history. The report by the committee found that the song debuted in a “racist setting” but “had no racist intent,” but some people have continued to object to the song.

Al-Nasser Lawal, president of UT’s chapter of the NAACP and a signatory on the complaint, said it’s already difficult for him to navigate the campus as a Black student at a predominantly white institution. He said the administration’s handling of “The Eyes of Texas” doesn’t make him feel welcome.

Song’s history:‘Eyes of Texas’ report details song’s complicated history but determines ‘no racist intent’

Missing the mark:UT students say ‘Eyes of Texas’ report misses the mark

“Whenever there’s an event where it’s played, I feel uncomfortable, because it’s almost like a song of white supremacy, and it just holds all those negative connotations of the 1900s and of most minstrel shows,” Lawal said. “That’s the imagery that comes to my mind.”

Some student campus tour guides went on strike earlier this year with a list of demands, including calling for UT to remove the song’s lyrics from a display in the Admissions Welcome Center. UT removed the lyrics nearly three months later and now will be putting the lyrics on a list of traditions in the center, according to The Daily Texan.

According to the complaint, UT did not offer any assistance with any suffering that the student tour guides had faced due to its handling of the program. The complaint says the tour guides should not be required to work in a “racist or retaliatory environment” and are entitled to the benefits that UT provides to all students.

“The students suffered financially and emotionally as a result of this ordeal and the recent decision, although a step in the right direction, does not repair these harms,” the complaint says.

UT is forming a separate band for those who don’t want to play ‘The Eyes of Texas’

UT’s Butler School of Music announced in April that Longhorn Band members would be required to play “The Eyes of Texas.” The school also announced the creation of a separate band for students who do not want to play the song that will be formed in 2022.

The complaint says the decision to have certain members participate in “an inferior band” is a violation of the Fourteenth Amendment. Black students should be free to enjoy campus life like other students, including participating in activities like the Longhorn Band, without facing a “racially offensive song” or “racial harassment and humiliation,” according to the complaint.

Denoucing UT’s decision:Black lawmakers, civil rights leaders, students denounce UT decision to keep ‘Eyes of Texas’ as school song

The complaint requests that the Office of Civil Rights investigate the allegations, require UT to provide financial and emotional assistance to the students to address the “discriminatory and retaliatory harms they have sustained” and withhold federal funding if UT does not comply.

The requested relief also includes ensuring that UT discontinues the use of “The Eyes of Texas,” the use of separate bands and “any retaliation or allowance of retaliation by related or associated groups to UT.”

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