<p>As the Aquinnah tribe presses its case in federal court to open a gambling hall on the Island, it has been granted an extension to repay $1.1 million in federal funds used to build a community center that’s targeted for the casino.</p>
As the Aquinnah tribe presses its case in federal court to open a gambling hall on the Island, it has been granted an extension to repay $1.1 million in federal funds used to build a community center that’s targeted for the casino.
On the legal front, the Wampanoag Tribe of Gay Head (Aquinnah) last Friday asked U.S. District Judge F. Dennis Saylor IV to reconsider his recent ruling rejecting the tribe’s bid to operate a class II casino with electronic bingo in the former community center at the western tip of Martha’s Vineyard.
At the same time, the tribe was facing a deadline this month to either complete the community center for its original purpose or repay the Indian Community Development Block Grants. On Wednesday, the U.S. Department of Housing and Urban Development said the tribe’s mid-December deadline had been extended to Sept. 1.
According to a statement, HUD said that after its “review of the difficulties faced by the tribe, the Eastern Woodlands Office of Native American Programs intends to grant the tribe’s request to allow them extra time to complete the building for its originally intended purpose.”
The 6,500-square-foot unfinished and unused community center was built with the HUD money and the labor of three Air Force reserve squadrons.
Meanwhile, the tribe has asserted in its motion for reconsideration that new developments and evidence, as well as “several material errors” in Judge Saylor’s ruling, should prompt him to reconsider his Nov. 13 decision.
The tribe’s lawyers, headed by Scott Crowell, of Sedona, Ariz., asked for oral arguments on the motion and said they would take their case to the U.S. Court of Appeals for the first circuit if the motion is unsuccessful.
In his ruling last month, Judge Saylor found that the tribe does not exert sufficient governmental power over its land to qualify under the Indian Gaming Rights Act (IGRA) for the class II gambling facility. And he said even if the tribe qualified under IGRA, that 1988 law would not invalidate gambling restrictions in the Massachusetts Settlement Act, passed by Congress the previous year.
The settlement act was the culmination of a land claims agreement approved by the tribe in 1983 and ratified as law by the state legislature and then Congress. The settlement ended a long-running lawsuit brought by the tribe against the town and gave the tribe 485 acres in Gay Head (today Aquinnah), but also required compliance with state and local laws, including prohibitions on gambling.
The tribe’s most recent motion says Judge Saylor should take special note of October decisions by the National Indian Gaming Commission to approve class II ordinances to two tribes in Texas, the Alabama-Coushatta Tribe of Texas and the Ysleta del Sur Pueblo, which are in a situation similar to the Aquinnah.
The state of Texas has opposed and blocked Native American gambling bids, asserting prohibitions under a federal law similar to the settlement act, according to the motion.
Through the October decisions by the NIGC to approve the gambling ordinances, “the federal government has sent a clear message that it intends for the NIGC to exclusively regulate Class II gaming, as defined under the Indian Gaming Regulatory Act … on the Indian lands of the [two Texas tribes] to the exclusion of the state of Texas,” attorneys for the Vineyard tribe said in their filing. “This newly-discovered evidence and corresponding developments in law compel the tribe to file for reconsideration of [Judge Saylor’s] orders.”
The tribe’s lawyers argued that Judge Saylor did not pay proper deference to the NIGC and Department of Interior’s support for the Aquinnah casino. They also argue that Judge Saylor mistakenly failed to include the NIGC in the Aquinnah litigation, putting the tribe in an untenable position between the federal government and the state of Massachusetts.

Comments
I've thought about what a
Judith Hand Daytona Beach FLI've thought about what a casino would do to the Vineyard over the years. I understand its being a source of income, but I hate the thought of how the Island would be so changed, its personality altered irreparably. History-wise, I'd been reading about some of my ancestry there, one of whom was part of the efforts (successful, unfortunately or fortunately, however the Wampanoags see it these days) to get the Wampanoags off of Chappaquiddick which was actually their turf at one point; I haven't heard that in discussion much. I've always felt fondly of the Tribe and remember, as a young woman joining my Great Aunt, a friend of the Tribe, with other family at their Christmas Eve service. So special, so magical. God knows the Wampanoags deserve the rights afforded to all and they deserve their day in court. I only wish that the answer wasn't a gambling casino.
I just want to iterate that
Mike AquinnahI just want to iterate that at one point, not so far back, the ENTIRE island was our "turf"...
Ok Sellitti. But history goes
Jay OBOk Sellitti. But history goes back further than that.
@Jay
Mike Aquinnah@Jay
You're correct, history does extend beyond that, however, this point does not in any manner invalidate my original comment; at no point prior to Aquinnah Wampanoag Tribal settlements were there colonial Englishmen controlling the land.
OK, Michael. Let us assume,
Vineyarder Martha's Vineyard, MassachusettsOK, Michael. Let us assume, for the moment, that everyone but the 300 Tribal members on the Island left the Island and that the federal courts granted the Tribe not only the right to open a gambling casino but to total ownership of the Island. Now it belongs to the Tribe. You cannot sell the land to the investment bankers from Manhattan or the celebrities from Hollywood. Can the Tribe support itself in the 21st Century?
I did not mean to make it
Mike AquinnahI did not mean to make it seem as though Tribal Members should own the whole island, merely to point out that our "turf" was, historically, the whole island.
I've only lived here for 24
Vineyarder Martha's Vineyard, MassachusettsI've only lived here for 24 years and I hate what the Island has become since I arrived. I can only imagine the tears on the cheeks of those who were here 13,000 years ago.
Today's tribe really would
Sam IslandToday's tribe really would make MV a casino destination?
Look out west and u'll see signs. such as Acoma sacred site and below " and Casino". Don't think the casinos out there raise a spiritual Concsiousness much.
All this seems to be more business people making a buck.
As I have shared previously
Toni Kauffman Burlington, NJAs I have shared previously and I am not the first; a casino would change the entire landscape and family oriented appeal of the Vineyard. Once those wheels were set in motion, it could not be contained or reversed. This lovely island has been a sanctuary for thousands/millions who want to escape exactly what you are proposing to insinuate into the community. I know even the Island is not so remote that today's societal woes cannot reach it, however that is not a good reason to open the door wider for more ingredients making an already bitter brew indigestible. I ask these questions; Are you really prepared to meet the demands of what you are asking for? What other sources of commerce have been considered before attempting to upset the balance of nature, which is the very essence of the Vineyard? Are you prepared to face your ancestors one day, when they ask Why? This path does not respect the land or hold it sacred or honor them. Please reconsider!
To be clear, this misguided
Dean Rosenthal Vineyard HavenTo be clear, this misguided plan, unearthed over the years again and again it seems, will NEVER happen. It is unfortunate the Tribe has not realized this yet – this disappointment will be far greater when they have run out of appeals, perhaps to the highest court in the US, which they are clearly determined to get to if need be. It's also important to note that the off-Island members play what may be a disproportionate role in the decision making. They have no interest in Martha's Vineyard or tribal history whatsoever. But we can conclude that the Tribe has every right to continue to claw away at the laws with the hope that they may succeed. They will not and their failures will become even more bitter truths the further they continue, but continue they must. I see that clearly.
No way should the tribe be
Dee Ouchman Isles of LangerhansNo way should the tribe be granted an extension to repay tax payers. After all they pay no federal taxes.
Let's be COMPLETELY clear
Mike AquinnahLet's be COMPLETELY clear about something, Tribal people pay taxes, federal and state, the reason the funds brought in to the tribe aren't taxed are because they are grant monies. Would you make the same argument of schools, non-profits, churches? Should they pay federal tax monies on grants as well? The idea that Natives don't pay taxes is inherently wrong and makes you appear grossly ignorant.
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