Case Explained: Manfred L.S. Nare v. Omaha Discovery Trust, a Nebraska Corporation, doing business as Kiewit Luminarium

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-06-24 The eighth-circuit affirmed the district court’s grant of a motion to dismiss against all claims brought by the Nares. The court held that tribal membership constitutes a political classification rather than a racial one under established Supreme Court precedent, including *Morton v. Mancari* and *Adoptive Couple v. Baby Girl*. Consequently, the plaintiffs failed to state plausible claims for relief under 42 U.S.C. §§ 2000a, 2000a-2, 1981, and 1982 because these statutes require proof of discrimination based on race, which was not demonstrated by a policy offering free admission solely to members of federally recognized tribes. The court further rejected the plaintiffs’ argument that tribal membership serves as a proxy for race under *Rice v. Cayetano*, noting that this theory was not pleaded in their complaint and cannot be considered at the motion to dismiss stage. Regarding the claim under the Nebraska Consumer Protection Act, the court affirmed dismissal because the plaintiffs conceded that their claim failed if tribal membership is deemed political rather than racial, a determination the court upheld. The practical consequence is that the judgment of the district court dismissing all four causes of action remains in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.