SENATE JOINT MEMORIAL 21

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Michael Padilla

A JOINT MEMORIAL

RELATING TO THE ZIA SUN SYMBOL; REQUESTING FEDERAL, STATE, MUNICIPAL AND COUNTY AGENCIES TO POST NOTICE OF THE PUEBLO OF ZIA CULTURAL DEVELOPMENT FUND.

     WHEREAS, the Zia sun symbol is a sacred religious symbol for the members of the Pueblo of Zia; and

     WHEREAS, representations of the Zia sun symbol traditionally have been held as proscribed knowledge by the various religious societies integral to the belief system of the Zia people; and

     WHEREAS, the only publicly known, indigenous representation of the Zia sun symbol was on a pot that belonged to the Pueblo of Zia, but the pot was noted as missing shortly after a visit to the pueblo by archeologists in 1890; and

     WHEREAS, that pot was subsequently placed on public display in a museum in Santa Fe; and

     WHEREAS, in 1925, inspired by the symbol on the Zia pot, a modified representation of the Zia sun symbol was used in a successful proposal for the New Mexico state flag; and

     WHEREAS, in the years since the incorporation of a Zia sun symbol into the New Mexico state flag, the symbol has become nationally and internationally known; versions of the symbol have been incorporated into the city flags of Wichita, Kansas, and Madison, Wisconsin, and the Zia sun symbol has been incorporated into the logos of hundreds of organizations and businesses; and

     WHEREAS, in the 1990s, attempts to obtain trademark status for logos incorporating the Zia sun symbol led to a federal law prohibiting the trademarking of designated Native American tribal insignia and religious symbols and establishing the Native American tribal insignia database that is maintained by the United States patent and trademark office; and

     WHEREAS, the federal law provides strictly limited protections for Native American tribal insignia and religious symbols and does not prohibit their use within non-trademarked corporate logos; and

     WHEREAS, the Zia people have always felt that the public dissemination of the Zia sun symbol was a theft from, and diminishment of, their cultural and religious heritage; and

     WHEREAS, despite the ubiquitous influence of mass media in today's society, the Zia people strive to pass along to each new generation the religious and traditional knowledge that shapes and defines their culture; and

     WHEREAS, the Pueblo of Zia cultural development fund was established specifically to facilitate the continued educational, religious and cultural development of the Zia people; and

     WHEREAS, Southwest airlines extended the courtesy to the Pueblo of Zia of requesting to use the Zia sun symbol prior to placing it on airplanes, made a contribution to the development of the Pueblo of Zia, received permission from the Pueblo of Zia to use the symbol and was the first business or organization to take any of these steps;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the United States patent and trademark office, the economic development department, the tourism department and equivalent agencies in municipal and county governments within New Mexico be requested to place a notice on their web sites stating that the Pueblo of Zia would appreciate the courtesy of a request prior to use of the Zia sun symbol and that the Pueblo of Zia cultural development fund is available for individuals or businesses that wish to assist in the continued development of the Zia culture; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the United States commissioner for patents and trademarks, the secretary of economic development, the secretary of tourism and municipal and county governments throughout the state of New Mexico.

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