<p>The Wampanoag Tribe of Gay Head (Aquinnah) has taken initial steps to be able to serve alcohol at its planned gambling facility on tribal land, a move bound to stir more controversy over the project.
The Wampanoag Tribe of Gay Head (Aquinnah) has taken initial steps to be able to serve alcohol at its planned gambling facility on tribal land, a move bound to stir more controversy over the project.
But one of the tribe’s lawyers said Friday there are no immediate plans to serve alcohol once the gaming hall is opened. He also acknowledged that the tribe would first need to comply with state and local liquor licensing requirements.
The Liquor Control Ordinance adopted by tribal leaders last September was published this week in the Federal Register, the government’s official journal that announces proposed or new rules and regulations. The ordinance has been approved by the Department of Interior’s Bureau of Indian Affairs, which authorized its publication in the register, said one of the tribe’s attorneys, Scott Crowell.
If enacted, the ordinance would authorize limited conditions under which liquor can be sold — in the gaming facility, for example, as well as “tribal hotels, concert venues and golf courses.”
The publication in the Federal Register comes as the town, the state and the Aquinnah/Gay Head Community Association are challenging the tribe’s assertion that it has the right to operate a class II gambling facility on its land.
They are seeking a court order to stop any work converting a tribal community center into a casino; the motion will be argued in front of U.S. District Judge F. Dennis Saylor 4th on Tuesday.
“I think ultimately once we’ve established the right to game and make capital improvements, we’re going to want to have the amenities [for the gaming hall], and having the ordinance in place gives us choices that we previously did not have,” Mr. Crowell told the Gazette Friday.
“I don’t rule out that ultimately there might be liquor served, but there’s no immediate plans, it won’t be anytime soon and it will be consistent with state law,” he said.
Formal tribal chairman Donald Widdiss, one of a growing group of opponents to the gambling hall, said he had not heard about the ordinance, but called it “very irresponsible,” upending a long-standing policy barring alcohol at events on tribal land.
But Mr. Widdiss predicted the bingo hall would never be opened, and thus the issue of serving alcohol there would be moot.
Aquinnah town counsel Ronald H. Rappaport said he became aware of the tribe’s liquor ordinance within the past few days.
“The bottom line is, no casino, no alcohol, and that’s what we’re in federal court for,” said Mr. Rappaport.
On August 12, Judge Saylor is also scheduled to hear arguments by both sides for summary judgment in the case.
Mr. Crowell called the timing of the ordinance “unfortunate,” because it is a separate issue from the federal litigation over the gaming hall.
Unlike that case, in which the tribe claims that it need not consider state and local regulations to operate a casino, serving alcohol on tribal land is treated differently than a tribe’s fundamental self-governance. Under a 1983 decision, the U.S. Supreme Court essentially required that when alcohol “is served on Indian lands, it has to be consistent with laws of the state,” the tribe’s attorney said.
The ordinance published in the Federal Register this week reads in part: “Liquor may be offered for sale and may be served on tribal lands only at tribal gaming facilities, and at tribal hotels, concert venues, and golf courses. Any other liquor sales are strictly prohibited.” The ordinance also establishes criminal and civil penalties for violations.
It also said it “will increase the ability of the tribe to control liquor distribution and possession on tribal lands, and at the same time will provide an important source of revenue for the continued operation of tribal government and the delivery of governmental services, as well as provide an amenity to customers” at the authorized sites.

Comments
Terrible news for the island
Vineyard TravelersTerrible news for the island and the tribe. The character and charm of the area and island will be lost forever. Alcohol and Gambling is ruining Native American tribes and land. Reconsider.
Your photo of the cliff
Peter Pfluger Vineyard HavenYour photo of the cliff overlook captures the simple moment and nostalgia of being there since childhood. Tim, thank you. You nailed it once again. Keep 'em coming.
ok, let's review. alcoholism
joey vineyard havenok, let's review. Dukes County has one of the highest rates of alcoholism (per capita) in the state. Don't know about Aquinnah, but the gambling hall would be open to all not just residents of that town. So, what does one do to combat a major problem on the island? Why, pour gasoline on the fire! That will take care of it. Remember, think responsibly.
I'd say the greater concern
WD WTI'd say the greater concern is drunk tourists coming back from Aquinnah driving on a dark, narrow and winding road back to the down island towns.
Oh, their lawyers call the
JM EDGOh, their lawyers call the timing "unfortunate"...for who? It's also interesting that this is being controlled by tribe members not living on the reservation - on the rest of the island, the property owning non-residents have no say.
In view of the Supreme Court
David Eisenberg AquinnahIn view of the Supreme Court case cited by Mr. Crowell and applicable Massachusetts state law the tribe will need to obtain a liquor license from the Aquinnah Board of Selectmen to serve alcohol in their proposed casino. The Town's current licensing rules permit only the sale of beer and wine and that only in a bona fide restaurant setting (i.e., no bars allowed) and expressly prohibit any licensee from offering any electronic games on the licensed premises. I expect it will require a major shift in the Town's attitude both to gaming and to the consumption of alcohol before we see a liquor license issued for a full service bar in a casino located in Aquinnah.
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