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Is Kenner mayor's booster club Nike ban legal and enforceable?

"From what I've seen, and from the actions you've displayed with this letter, you to me, don't have the qualities of a leader. And you shouldn't be leading."

KENNER - Antonio Travis is the Director of Black Man Rising Movement, a mentor group that helps empower young African American men. When he heard about the memo written by Kenner Mayor Ben Zahn that bans playground booster clubs from buying or wearing Nike products, he says he was not surprised.

"Any movement that's based around the Black and Brown community, they don't support what we stand for," Travis said.

The move comes after Nike ads featuring former NFL Quarterback Colin Kaepernick began airing. Kaepernick began kneeling during the National Anthem two years ago as a sign of protest against police brutality and racial injustice.

Travis feels the ban not only negatively effects the youth of Kenner, but he believes, it shows the world where Mayor Ben Zahn stands when it comes to civil rights of minorities.

"It just basically shows that young black kids, you're second class citizens," Travis said.

More than anything, Travis wants to know, is this really enforceable?

Scott Sternbern is a constitutional law expert and an attorney.

"First Amendment law is very clear, whenever government is discriminating based on view point, it's extremely suspect. I don't think it's enforceable. But, I also don't know that anyone will challenge it because the person who would have standing to challenge this policy would be a booster club or maybe a kid who wanted to wear a Nike jersey in a youth basketball league," Sternberg said.

Sternberg also believes Nike could have some standing if it had legal concerns.

"I think Nike has a case right now because they can say that Nike themselves could come in and say we would like to be able to sell jerseys or pads, whatever to the recreation leagues in Kenner, but we can't because of this policy by the mayor," Sternberg said.

Mayor Zahn has released a statement saying he wants to protect tax payer dollars from companies that use their platform for political opinions.

But in the end, Travis says this ban, sends the wrong message.

"From what I've seen, and from the actions you've displayed with this letter, you to me, don't have the qualities of a leader. And you shouldn't be leading," Travis said.

Eyewitness News reached out to Mayor Zahn for comment, but have not heard back.

Caresse Jackman can be reached at cjackman@wwltv.com.

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