NYS appellate court challenges Shinnecock tribe's billboard operations

In December 2024, a state appellate panel issued a ruling that a lower court had erred in a 2019 case concerning the Shinnecock Indian Nation's billboards along Sunrise Highway in Hampton Bays, New York. The appellate court concluded that the state Department of Transportation's request to halt construction and operation of these billboards should have been granted. The initial ruling noted that the lower court, presided over by the state Supreme Court, failed to grant a preliminary injunction that would have prohibited the tribe from operating the billboards while litigation was ongoing. This ruling is significant as it reaffirms regulatory authority over the tribe's billboard operations, especially given the ongoing conflict between the tribe's asserted sovereign rights and state laws. At the time of the ruling, it remained uncertain what concrete effects it would have on the Shinnecock’s ongoing billboard operations, which they argue are on their sovereign land and thus outside of state jurisdiction. The tribe has pointed out that these billboards have become an important source of revenue since they began operating in 2019, defying state stop-work orders. The appellate ruling also opened the door for the state to sue tribal trustees in their official capacities, a move that could have broader implications for tribal sovereignty and state jurisdiction. Additionally, the dissenting opinion of Judge Deborah A. Dowling highlighted the complexities of sovereign immunity, arguing that the Transportation Department should not impede the tribal enterprise, which could signal deeper legal battles ahead. This ruling arrived amid ongoing tensions between local residents opposing the billboards and the tribe's plans for expansion, which includes further developments on their land. Future developments hinge on both the tribe’s appeal against this ruling and the awaited federal designation regarding their land claims.