An African American couple from Omaha is asking the Eighth Circuit Court of Appeals to revive their lawsuit against the Omaha Discovery Trust over a policy granting free admission to members of federally recognized Native American tribes at the Kiewit Luminarium, according to Courthouse News Service. Gwladys and Manfred Nare argue the policy amounts to unlawful racial discrimination under federal civil rights law.
The couple said they paid full admission for themselves and their child before learning tribe members could enter for free. After being denied a refund, they sued the museum operator, claiming the policy violated public accommodation protections and Nebraska consumer protection law. A federal district court dismissed the case, ruling that tribal membership is a political classification rather than a racial one.
During oral arguments Wednesday, attorney David Begley, representing the Nares, argued the policy uses tribal membership as a “proxy for race.” He told the court the museum’s admission policy amounted to “free admission based upon race,” despite the lower court’s conclusion that tribal citizenship is political in nature.
Attorneys for the Omaha Discovery Trust defended the policy, arguing it is based solely on membership in federally recognized tribes, not race. Lawyer Catherine Cano said a Black person who is a tribal member would qualify for free admission, while someone identifying as Native American without tribal membership would not. The museum also argued the policy extends to household members, further distancing it from racial classification.
The three-judge Eighth Circuit panel questioned both sides about whether the policy could be considered pretextual discrimination, though the court did not indicate when it would issue a ruling. The district court had relied heavily on prior Eighth Circuit precedent recognizing tribal membership as a political distinction tied to tribal sovereignty rather than race.
