<p>The Wampanoag Tribe of Gay Head (Aquinnah) will appeal a judge’s ruling denying it the right to operate a gambling hall in Aquinnah.
The Wampanoag Tribe of Gay Head (Aquinnah) will appeal a judge’s ruling denying it the right to operate a gambling hall in Aquinnah, a lawyer representing the tribe said Sunday.
Tribal council members last week gave the go-ahead to a legal attempt to overturn the ruling by U.S. District Judge F. Dennis Saylor 4th, who rejected the tribe’s bid to convert its unfinished and vacant community center into a class II (electronic bingo) gaming operation, said Scott Crowell, a Sedona, Arizona-based attorney.
Mr. Crowell said the tribe would certainly appeal to the U.S. Court of Appeals for the First Circuit, but might first ask the judge to reconsider the ruling. “We disagree with the decision on several levels,” he said.
The tribal council, elected by the tribe’s membership, voted on an appeal Wednesday night, with Mr. Crowell consulting by telephone. Tribal sources said two council members dissented.
In his 40-page ruling on Nov. 13, Judge Saylor said the tribe has not shown that it exerts sufficient “governmental power” over its lands to qualify for a class II facility under the Indian Gaming Regulatory Act, which establishes a framework for Indian gambling.
Mr. Crowell said “the irony is not lost on us that he has ruled that the tribe’s programs are not sufficiently funded to exercise governmental power, yet he’s depriving the tribe of the means that hundreds of tribes around the country use” to underwrite such activities.
The judge also ruled that IGRA, the gaming act, does not supersede the Massachusetts Settlement Act passed by Congress in 1987 to provide the tribe 485 acres in Aquinnah in exchange for its compliance with state and local laws, including gaming prohibitions.
Mr. Crowell said the judge’s ruling in this area was in “clear error.”

Comments
Of course IGRA does not
June Manning AquinnahOf course IGRA does not supersede the Massachusetts Settlement Act ! And if it did, that would severely effect all of the land titles in the town of Aquinnah. Are all of the tribal members and their families who received money from the federal government in exchange for their relinquishing their rights to the titles so that the tribe would have those 485 acres willing to reimburse the federal government at this time? Any type of gaming facility in Aquinnah would fail and the tribe does not own any land off-Island ! Find something productive to do on our ancestral lands on the Vineyard. One of the first projects would be to restore the Mayhew Chapel in Christiantown. We have remained here for centuries without having to resort to gambling ! We need to have a decision by perhaps Judge Moriarty to put this into perspective once and for all !!!
Looking at what is happening
Paulli D EdgartownLooking at what is happening to the gaming places already, Plainville, Twin Rivers, Foxwoods, Mohegan Sun - they are all suffering from an oversupply of gaming facilities. In addtion there is the lottery. There is not enough gambling money to go around. Find something that sustains the culture of a proud people and shares it with the visitors of the island
Amen!
Toni Kauffman Burlington NJAmen!
The irony and shameful
William EXPBA NYThe irony and shameful situation for the tribe is had they finished the community center with the sufficient funds the U.S. gave them, they might have been functioning as a tribe under the IGRA. You have no one to blame but yourselves. You did not finish the community center because there was no real need, what does that say about the community! Judge got it right!
AMEN June: It appears to me
John Alley West TisburyAMEN June: It appears to me that the Tribe is being driven by non Vineyard forces. Finish the community center,
restore the Mayhew Chapel cemetery and adjoining land that was turned over by the County in first class condition for 15G
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