Civil Rights-Race Discrimination-Place of Public Accommodation-Granting Free Admission to Tribal Members

Staff Report//July 1, 2026//

Staff Report//July 1, 2026//

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Plaintiffs appealed the dismissal of their discrimination complaint challenging defendant’s policy that granted free admission to their facility to registered members of federally recognized Native American tribes. Plaintiffs, who were Black, paid the full admission price to defendant’s facility and alleged that they were discriminated against based on race. Plaintiffs further argued that defendant’s policy was an unfair practice of trade or commerce.

Where tribal membership was a political classification, not a racial one, plaintiffs’ race discrimination claims failed as a matter of law.

Judgment is affirmed.

Nare v. Omaha Discovery Trust (MLW No. 84999/Case No. 25-3175 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of Nebraska, Bataillon, J. (David Donald Begley, Omaha, NE for appellants) (Catherine A. Cano, Omaha, NE for appellee; Caitlin J. Ellis, Omaha, NE on the brief)

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