<p>The U.S. Court of Appeals this week delivered a sharp, clear message to the Wampanoag tribe — it has the right to operate an electronic bingo parlor on protected tribal lands.</p>
The U.S. Court of Appeals for the 1st Circuit this week delivered a sharp, clear message to the Wampanoag Tribe of Gay Head (Aquinnah) — it has the right to operate an electronic bingo parlor on its protected tribal lands.
In a stunning reversal, a three-judge panel on Monday unanimously rejected arguments by the town of Aquinnah, the state and a community group, and sided with the tribe on critical points.
The pivotal issues were whether the tribe qualified for gaming under the federal Indian Gaming Regulatory Act (IGRA) and, if so, whether IGRA trumped an earlier settlement act for the Aquinnah tribe that was endorsed by Congress.
U.S. District Judge F. Dennis Saylor 4th had ruled for the town, state and Aquinnah/Gay Head Community Association in late 2015, finding that the tribe does not have the right to conduct Class II gambling (electronic bingo). The decision issued Monday by the appeals court panel reversed Judge Saylor and remanded the case back to the district court for entry of judgment in favor of the tribe.
“Because we find that the tribe has exercised more than sufficient governmental power to satisfy the requirements of IGRA, and the federal [settlement] Act has been impliedly repealed by IGRA in relevant part, we reverse,” wrote Judge Juan R. Torruella for the court.
The decision was released on the same day that members were celebrating the tribe’s 30th anniversary of receiving federal recognition. In a statement, tribal chairman Cheryl Andrews-Maltais hailed the ruling. “This decision affirms our sovereign rights and jurisdiction over the land that has always been ours and solidifies our place in the gaming market,” she said.
Attorney General Maura Healey’s office said it was reviewing the decision and had no immediate comment.
At a special meeting early Thursday afternoon, Aquinnah selectmen met in executive session to discuss strategy. Following the meeting town administrator Adam Wilson said the selectmen agreed “to pursue and research every aspect of an appeal,” consult lawyers for the state and community association and meet again April 20. Selectman Jim Newman is away and did not attend the meeting.
“The bottom line is the board wants to move forward,” said town counsel Ronald H. Rappaport, after the session. “They’re just trying to find out who else is moving forward and what the other cost implications, etc., might be.” He declined to outline all the options, but said asking the full circuit court to consider the case and asking for Supreme Court review are examples.
Speaking to the Gazette earlier in the week, selectman Juli Vanderhoop, who is also a member of the tribe, reiterated her opposition to a casino in town. “We do not have the infrastructure on the Island to carry something like this,” she said by phone, noting ongoing efforts to manage the town budget in Aquinnah.
Larry Hohlt, president of the community association, said his organization would meet within the next few weeks to decide a way forward.“We were disappointed in this opinion and are assessing what is the appropriate for us and all parties to proceed,” he said. “We haven’t really decided at this point.”
The ruling is the latest dramatic turn in a legal battle over the tribe’s attempts to build a gaming operation in a 6,500-square foot community center at the western tip of the Island. Tribal leaders have insisted they have the right to decide whether or not to conduct class II gaming on its lands, and point to a gaming facility’s potential for economic development.
The latest ruling substantially narrows the town’s options to block any such facility. While no one expects a gambling hall to open overnight, the town, state and community group face a steep climb either to get the full circuit court to reconsider the decision or to prevail before the U.S. Supreme Court.
After Judge Saylor’s decision in November 2015, tribal leaders announced that the vacant, unfinished building targeted for the casino would instead be completed for its original purpose — as a community center. The ruling from the appeals court this week could portend an about face for that plan, although in her statement, Ms. Andrews-Maltais said the tribe is still reviewing the ruling and did not address the immediate future of the community center. She did say she hoped the legal opposition to the facility would now end and lead to greater cooperation between tribe and town.
“All tribal economic development is for the express purpose of providing the necessary governmental programs and services for tribal members, but those benefits expand to the community as a whole,” the statement said. “This decision benefits us all.”
The town has consistently argued that the tribe forfeited its right to operate a gambling facility in Aquinnah when it signed a land claims settlement agreement in 1983 that four years later was codified by Congress. Coming soon after the Gay Head Wampanoags had won federal recognition, the 1987 compact gave the tribe 485 acres of land and expressly required compliance with state and local laws, including prohibitions on gaming. IGRA was passed the next year by the same Congress, setting up a national regulatory system for tribes to conduct gaming, but it did not invalidate the prohibitions in the earlier settlement act, according to Judge Saylor’s decision.
The appellate court disagreed, ruling that the tribe exerted sufficient governmental authority to trigger IGRA, and that IGRA trumps the settlement act. Judge Torruella found that the appellants’ legal arguments framing the standard for sufficient governmental authority missed the mark.
“The town gets it backward,” he wrote in part, quoting IGRA as intending gaming to promote economic development, self-sufficiency and strong tribal government. “The town now seeks to put this logic on its head by requiring the tribe’s government to be fully developed before it can have the benefit of gaming revenues. This is not what IGRA requires, nor is it our case law.”
The appellate panel contrasted the Aquinnah case with the court’s past ruling over the Passamaquoddy tribe of Maine, and the reasons IGRA did not trump that tribe’s settlement act.
The Passamaquoddy tribe’s prohibition survived because its settlement act had specific language warning Congress that subsequent laws like IGRA would not apply “unless specifically made applicable within the state of Maine.” IGRA did not contain such specific language.
The gambling prohibition in the settlement acts of the Aquinnah and also the Narragansett tribe of Rhode Island say “nothing about the effect of future federal laws …” the appeals court said. Therefore, IGRA and their settlement acts were in conflict and IGRA, as the more recent federal legislation, must prevail, the appellate court found.
Experts who follow the industry in New England were not surprised by the decision, but pointed to a gaming market that has grown increasingly competitive and could be showing signs of saturation.
Richard A. McGowan, a professor of economics and management at Boston College, said a tribal gaming facility in Aquinnah would face a host of challenges, including competition from the bigger, well-heeled projects. And the remote location at the western end of the Vineyard would discourage repeat patrons who are the lifeblood of casinos, he said.
“The market is really getting saturated,” said Mr. McGowan. “They [the Aquinnah] won all right, but they won way too late.”
The state law that allows casino gambling provides for one license to be issued to a native American tribe, but that license has already been awarded to the Mashpee Wampanoags, whose plans to open a casino are currently tied up in federal court.
Tribal leaders have viewed a gambling operation as the best available opportunity to create revenue for its programs and services — as much as $5 million annually, according to a tribe-commissioned study — while gaining some self-sufficiency.
The town of Aquinnah, one of the poorest in the state, has warned about the impact of a gambling facility on fire, police and other services.
More abstractly, the culture clash of a gambling culture and the Island ethic of natural beauty and pristine environment has worried many Vineyard residents, both inside and outside the tribe.
Ms. Vanderhoop, the selectman and tribal member, concluded : “It doesn’t matter whether it’s big or small, I know only the ill that gaming would bring to any community, never mind a small community like this. Speaking from a tribal point of view, this land is our homeland . . . . I think it might be great for saying that the tribe is sovereign by itself, but what it says for the community is unfortunate.”
Comments
Oh no please no.... Its a
Jane Santangelo Marlborough CTOh no please no.... Its a beautiful magical place.... A Casino will change all the beauty and natural setting to hustle traffic and money......... Please no. There must be other ways for the trube to make money.
They won't run it... the of
BF WTThey won't run it... the of-island suits will.
Oh no. So sad.
Debbie WOh no. So sad.
Why is this sad? Gambling is
Carla OBWhy is this sad? Gambling is fun and it can be exciting. Have you been to Foxwoods? It is much better than scratch tickets and we can have entertainment on the island. All my friends are praying for a casino!!
I agree with the Courts
Steve Boyleston Summerdale AlabamaI agree with the Courts ruling., once upon a time the Indians owned the whole Island andit was stolen from them by the whites who now still do not want them to use their Tribal Lands., air propose an easy fix here., all of the Land thieves go back to where you came from., The Government has no jusrisdiction on Indian Lands., the concerned are the selfish who think that they are so special ., every where you go on the Island """""PRIVATE"""""" very special. If you were an Indian you would be thinking., Private you invaded and stole your Land. Leave the Indians in Peace., they deserve to do what ever they want. On the Vineyard to keep the Indians out., the whites would have another " Wounded Knee"" lastly when you look at the Vineyards beauty., they enjoyed it for thousands of years before you.
Thank you for the powerful
Thank you MV islanderThank you for the powerful truth but as you will see the white man will always want and take control. Personally as a tribal member I would like to be able to stay on my island and not have to leave because housing is horrible all over the island,And of what are tribe has on the island there is a very small limit of housing avalible always full of limited for are people.. I would rather have a piece of land to continue to live on for many many more generation to come. I would love to live were I have always called home...
The Judges let their
The law MVThe Judges let their political bias look past the law. This is simple. When the tribe was created by the great white father in Washington the agreemebt clearly stated.....follow the codes, laws, etc of the state.....All parties agreed and signed the document. The next Congressional act didn't vacate any part of the Tribal establishment. Therefore the Judges should have upheld the previous court decision. But, in todays lack of respect for law and legislating from the bench they did the politically correct choice. The town will need to spend more money and go before the entire court and hopefully, collectively they will follow the law and the Tribal/ government agreement.
in response to "The Law (MV)"
Tribal Member Aquinnahin response to "The Law (MV)" - actually you are incorrect about your assessment of this decision to reject the initial court decision. In this matter, whether or not IGRA repealed any part of the Settlement Act, the Judge Panel was correct. Because IGRA did not explicitly deny the Wampanoag from gaming, and because the Settlement Act did not explicitly state that no later laws could repeal/change/negate any portion therein, than IGRA does stand on Wampanoag Land. Again, I do not personally want a "casino" on MV. I don't think it would work or make sense here; however, I do think that people need to recognize and respect that our Tribe does have the right to game if we chose to. I really feel that the article goes out of its way to make it seem like just because of this court ruling that the Tribe will have a "casino" up within the year. The idea of such rapid movement is absurd, and the fear growing in the greater island community is a little irrational.
BINGO. I WIN YOU LOSE. Think
TJ Hegarty West TisburyBINGO. I WIN YOU LOSE. Think about this... Just how sustainable is this? There just are not enough people on this island year round to support this business. Summer time would see a phalanx of police speed traps and road blocks checking for DUI"s. Much ado about a badly proposed business plan.
This makes me SICK...I love
Robin CTThis makes me SICK...I love MV, for many reason, but mostly it's beauty. I live near 2 casinos and it's terrible. The impact this will have on MV will be the worse possible thing for the island. You will see crime skyrocket, it's going to be a HUGE MISTAKE if this goes thru
If they want to ruin there
MikeD WTIf they want to ruin there 'Tribal Land' then go for it
It will decrease the value of the area in general
I guess now the tribe will be looking for federal dollars to fit out their unfinished community center - maybe soon to be casino
It's a shame that the outsiders - off island tribal members have won this case
But why should they care
They will be getting revenue from it and don't have to live there
There goes the neighborhood
Good job MV tribal members
You have now won the right to destroy the remaining tribal area you have
Be guided accordingly
I have thought for awhile now
Marsha S AquinnahI have thought for awhile now that the tribe should create a hotel and spiritual center. They ought to be promoting and sharing their culture and spirituality, the love of the island and the land upon which the reservation sits ... a center that offers yoga, meditation, drumming, Native American dance etc.. A casino is the wrong type of energy for the tribal lands, the Wampanoag community and our town.
THIS IS NOT A BAD IDEA!
Trisha Leeks OBTHIS IS NOT A BAD IDEA!
There goes Martha's Vineyard.
ErinThere goes Martha's Vineyard. :(
Wasted time, wasted funds.
OB mom MVWasted time, wasted funds. Never happen.
Bye bye gay head, I mean
Two wrongs make a right OnBye bye gay head, I mean Aquinnah, I mean casino town. It was fun knowing you
Yay!would love it!!so many
kathleen nasser oak bluffsYay!would love it!!so many people will choose MV to gamble & enjoy the Island too!
I can't even begin to imagine
C.McCampbellI can't even begin to imagine how awful and detrimental a casino would be on the Island.
So, the old ruling is B-9, I
Bob Dutton Oak BluffsSo, the old ruling is B-9, I guess you'd say.
I think the fears are way
deshandra brown mvI think the fears are way overblown. The bingo hall players are the same people that play the cheap slots. As such, there isnt't much of a chance they will be paying to bring their cars here, or for the over priced parking on the mainland even if they got free bus rides from the ferry terminals. The Island is the Wrong location, it will fail on its own
Thank you for the powerful
The truth! Martha's vineyard (My Home)Thank you for the powerful truth but as you will see the white man will always want and take control. Personally as a tribal member I would like to be able to stay on my island and not have to leave because housing is horrible all over the island,And of what are tribe has on the island there is a very small limit of housing avalible always full of limited for are people.. I would rather have a piece of land to continue to live on for many many more generation to come. I would love to live were I have always called home...
Funny, blaming the 'white man
Paulli D EdgartownFunny, blaming the 'white man' again for all the problems of the island. But I am sure you want the 'white man's' money for your gambling casino? here is a hint, a lot of people from all cultures of life have contributed to the growth of this island. Many with money have provided scholarships to your children, funded the YMCA, the ice rink, and skate park to name a few. See the world grew up from the dinosaurs and many cultures and people have been trampled on during the course of history. Hopefully we will learn from each of these moments in history and stop thinking individually as victims. You are not going to get the island back, so how do we live together without running int the ground as another Atlantic City?
Exactly.
OB mom MVExactly.
Well said
Mary Vineyard HavenWell said
I beg anyone to come up with
John EdgartownI beg anyone to come up with a financial analysis that says this is even remotely profitable.
Agree... this case has been
gina Menemsha/nycAgree... this case has been going on for yrs... Any reputable Developer/Investor will conduct a recent feasibility study before going forward.. The math has to make sense regardless of what the Courts decide..
I just shared this with
yuma West TisburyI just shared this with another reply. Are you serious? There are enough people on this island to sustain a bingo hall and slots. Isn't winter a little boring? Martha’s Vineyard residents like to gamble, and the Massachusetts lottery is happy to take their money. In the 2013 fiscal year (FY) that ended June 30, 2013, Island lottery agents sold $12.2 million in lottery tickets. That is approximately $742 per resident, based on the most recent census data, and exceeds the combined annual budgets of Chilmark and Aquinnah.
Lottery ticket sales have been on the rise. In FY04, sales totaled $7,625,239.50. Since that year, more than $101 million dollars have been spent on lottery tickets on Martha’s Vineyard.
And the appetite appears undiminished. When the Lottery released $30 scratch tickets in March, its most expensive tickets to date, lottery ticket agents on Martha’s Vineyard reported daily sales exceeding $10,000, according to data provided by the Massachusetts State Lottery.
If true, these statistics are
Steve FalmouthIf true, these statistics are hilarious
" And the appetite appears
Islander Too" And the appetite appears undiminished"
Yep, another addiction to deal with.
Is the tribe also making plans for their gambling addiction counseling service?
Gambling addiction is one of the strongest.
Now let's leverage our preexisting addiction problems with another one.
Tisbury going down a similar road with hard liquor.
Handwringing about addiction out of one side of the mouth, and "let the good times roll" out of the other.
Just what this island needs,
Paulli D EdgartownJust what this island needs, another social problem for the off season. We can add it to the domestic abuse, DUI, drug, B&E and now gambling addiction. Funny, how the Native Americans feel their only way to survive is to have gambling casino's. With Massachusetts and nearby Connecticut casino's, I am going to be surprised that this will last long if it ever happens. Remember Allie's General Store?
There will be more fights to keep this from not happening, and I would not doubt that this ends up at the SCOTUS.
I think people should see a
Logic Austin, TXI think people should see a picture of the community center before they judge about what this "might" be...trust me this ain't Foxwoods. The community center is a small home and CLASS 2 gaming not Class 3. People should get familiar and then comment.
You will destroy what you
Dick ObYou will destroy what you love for a few nickles. And bring in corruption crime and maybe crowds. Until disallusioned you let it sink because of its own inappropriateness
I just saw this article and
Nancy Johnson Las Vegas, NVI just saw this article and would like to comment as a former resident of Edgartown, MA and as a person of Native American heritage of the Weskarini Algonquin First Nation. Although a Casino would be of benefit without a doubt, I would hesitate in putting one on this Island as it has so much natural beauty that should be preserved for generations to come and I see no way this can happen if a Casino was to be built in this area. I ask you, are there any viable alternatives? Perhaps a Ship or Ferry with gambling? Just a thought.
Great idea Nancy! I agree
Margaret Abbott Cape Town S. AfricaGreat idea Nancy! I agree with everything you say.
Great News!!! Maybe this will
Jim Plymouth, EdgartownGreat News!!! Maybe this will help with the affordable housing on the Island??? We worry about a nice little yellow house in Edgartown while the Island is going down the drain.. so sad...
We have nothing to do on this
Jose Mediol OBWe have nothing to do on this island. Foxwoods to far away.
You should take up fishing
Steve FalmouthYou should take up fishing
As the local Edgartown
Vicky EdgartownAs the local Edgartown Meeting goes on.... The Island is worry about Mopeds?????
I am listing my house now and
Joel CHILMARKI am listing my house now and every Chilmark resident should be concerned. This will completely destroy Chilmark - I mean destroy -
Destroy? Sounds dramatic. Yes
VB BostonDestroy? Yes, more traffic. But destruction to precious Chilmark, a town that offers limited public access to most of its resources, other than it's main roads. The Chilmark selectmen will no doubt weigh in, and if a bus service is put in place to shuttle people up Island, those buses certainly won't stop in Chilmark on route to gambling Mecca.
We can at least discuss tiny
Scott B. ChilmarkWe can at least discuss tiny houses and the Airbnb concept to handle the crowds. This will be great for the economy.
It may bring more business
Kevin Vineyard HavenIt may bring more business and entertainment up-island.
Just because you can, doesn't
KarenJust because you can, doesn't mean you should.
Exactly right.
Carol Lampson formerly ChilmarkExactly right.
An idea for all of those who
Chris Vineyard HavenAn idea for all of those who say there should be another way for the tribe to make money: a tax on all retail and land/home sales paid to the tribe. And then guess what, if they wanted to build a casino on their land, they still could! This was their island, taken from them, and then developed without their approval. We should all be paying the Tribe rent, or perhaps giving them final say on how we use the land. The least we can do, whether we agree with their decision or not, is to acknowledge that it is THEIR decision on the small fraction of this island that is still their own. If I am incorrect about our local history please point me to documentation that the Wampanoag people were fairly compensated over the past 300+ years and willfully, sans manipulation, sold off their tribal lands to European visitors. If so we should be proud of our little island for such a peaceful history compared to the horror of how the rest of our country was founded.
And where does it end? Land
Chris OBAnd where does it end? Land had been taken from man throughout history. It's not right, but it happened. Time to move on and deal with the facts of today. Gambling is a fool's game and should not be allowed on the island or anyplace else for that matter. Sure the island has little to do in the winter, but gambling is not the answer. Drunks and drugs plaque the island, believe it or not, adding gambiling to the equation is not helpful!
PS, why not return your land to the tribe, its a simple transaction.
This building was a gift to
Let's not forget... OBThis building was a gift to the tribal community from our armed forces to be used as a community center. Letting it sit in disrepair only to try to re-purpose it as a gambling facility is a gross misconduct given its original purpose. Such a shame.
I carefully read all the
Margot MenemshaI carefully read all the comments and think Marsha S. has the right idea. How bout something to do in the winter that is also good for the spirit, healthy for the body? If it's moneyed droves you want, there are no end of yoga people! Look at Kripalus Retreat Center!
More people should stand up
Upislander AquinnahMore people should stand up with Julie and look at the long term prospects for what this will mean for the tribe, the town and the island. Who will actually benefit economically is pretty easy to calculate given other gaming operations
and where the dollars flow. This is the cheap and easy fix for a quick buck. Hard to pass up when you need some money. Maybe this decision will pull people together to offer up some other alternative plans that will make people proud, retain the natural beauty of Aquinnah and offer some economic income to tribal members.
Listen,
Tribal Member AquinnahListen,
I understand the frustration some of you are feeling. I understand that a casino doesn't fit this place. Now please understand this, the article is about the ruling in a court of appeals that affirms our Right as a Tribal Nation to game on our own lands. The community center is moving forward as a community center, that much is clear. But it was, and continues to be, important for us a Tribal People to make sure our Rights are affirmed and backed by court rulings to ensure that we are able to proceed with any venture or opportunity afforded us under the law and determinations of the Federal Government and it's Congressional body. This ruling doesn't mean you're going to see a casino pop up next week so relax a little. All I ask is that you save our statements of fear, hate, and condemnation for a more appropriate time.
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