Oneida Nation v. Village of Hobart, No. 19-1981 (7th Cir. 2020)Annotate this Case
The Oneida Nation’s Big Apple Fest is held, annually, on land partially located in the Village of Hobart. In 2016 Hobart demanded that the Nation obtain a permit and submit to some of its s laws. The Nation filed suit and held the festival without a permit.
The Seventh Circuit ruled in favor of the Nation. The Oneida Reservation, established by treaty in 1838, remains intact, so federal law treats the land at issue as Indian country not subject to most state and local regulation. The Reservation was not diminished piece-by-piece when Congress allotted the Reservation among individual tribe members and allowed the land to be sold eventually to non‐Indians but can be diminished or disestablished only by Congress. The court noted the Supreme Court’s 2020 "McGirt" decision as “making it even more difficult to establish the requisite congressional intent to dis‐establish or diminish a reservation.” The statutory texts provide no clear indication that Congress intended to eliminate all tribal interests in allotted Oneida land; diminishment cannot be the result of Congress’s general expectation in the late nineteenth and early twentieth centuries that its actions would eventually end the reservation system. Hobart has not shown “exceptional circumstances” that could justify imposing its ordinance on the Nation within the boundaries of the Reservation.