Background
Plaintiffs Manfred and Gwladys Nare, who are Black, paid full admission to the Kiewit Luminarium and sought a refund after the venue denied them free entry granted to members of federally recognized Native American tribes. They sued alleging discrimination under federal civil rights laws and the Nebraska Consumer Protection Act. The district court dismissed all claims, ruling that tribal membership is political, not racial.
The court’s reasoning
The Eighth Circuit reviewed the dismissal de novo and agreed with the district court that tribal membership is a political classification. Citing Supreme Court precedent, the court noted that preferences for federally recognized tribes are based on quasi-sovereign status rather than race. The court found that the plaintiffs failed to allege that tribal membership was a proxy for race in their complaint, and existing precedent forecloses the argument that the policy constituted racial discrimination.
Tribal membership is a political classification, not a racial one.
What it means going forward
Venues may offer free admission or other benefits to members of federally recognized tribes without violating federal civil rights statutes prohibiting racial discrimination in public accommodations.