<p>The Aquinnah selectmen have retained a Boston attorney to represent the town in potential litigation against the Wampanoag Tribe of Gay Head (Aquinnah) over the planned bingo hall.</p>
The Aquinnah selectmen have retained a Boston attorney to represent the town in potential litigation against the Wampanoag Tribe of Gay Head (Aquinnah) over the planned bingo hall.
In a letter sent last week to attorneys for the tribe, Douglas J. Kline, a litigation partner at Goodwin, raised questions about whether the property that has now been cleared for the planned bingo hall is in fact eligible for gaming under the federal Indian Gaming Regulatory Act (IGRA).
“We understand that the tribe has recently been actively clearing a parcel of land on State Road . . . and . . . that this land is being cleared to build a class II gaming facility,” Mr. Kline wrote in the two-page letter dated March 28. “We are troubled by what we have learned. Specifically we are concerned that the site is not on land on which gaming is authorized under the Indian Gaming Regulatory Act (IGRA).”
The letter argues that under IGRA, a tribe can only operate a class II gaming facility on land taken into federal trust before October 1988, with a few exceptions. The property off State Road that has already been cleared for the bingo hall was purchased by the tribe in 2014 from the Wiener family, and taken into federal trust in 2018.
“This is long after the key IGRA date of Oct. 17, 1988,” Mr. Kline wrote. “Accordingly, the Wiener lands are subject to . . . prohibition on gaming unless they fall within one of IGRA’s very limited exceptions. But none of the exceptions appear applicable to the Wiener lands.”
The letter was discussed briefly at the Aquinnah selectmen’s meeting Tuesday.
Mr. Kline also noted in the letter that while the litigation before the First Circuit Court of Appeals last year involved settlement lands transferred between the town and the tribe, the Wiener property was not conveyed to the tribe under the terms of the settlement agreement, nor did it appear to be acquired using money from the settlement agreement, which dates to the 1980s.
“IGRA does not appear to authorize Class II gaming on the Wiener lands (or other lands not subject to IGRA),” Mr. Kline wrote in part.
Last month the tribe began extensive land clearing on the former Wiener property at the corner of Black Brook and State Roads. A press release from the tribe formally announced plans for a 10,000-square-foot hall with 250 electronic gaming machines. Construction on the facility was due to begin in March, but as of Tuesday this week a blacked-out wire fence blocked views of the property from the road.
In the letter, Mr. Kline requested that the tribe cease and desist further construction on the site. A response was requested by April 4.
On Tuesday, town administrator Jeffrey Madison said the town had received no response to the letter or further correspondence from the tribe.
“There has been no communication,” Mr. Madison said. “I have received no feedback from the tribe. They are not cooperating in any way, shape or form.”
On Wednesday, tribal chairman Cheryl Andrews-Maltais responded that the tribe has unequivocal authority to proceed under the law, and she criticized the town for interference.
“Despite clear direction from the SCOTUS and the First Circuit Court of Appeals, the town is once again attempting to interfere with the tribe’s economic development, ” Ms. Andrews Maltais said in a text message to the Gazette. “Our tribe has worked diligently with our federal partners to ensure our site is eligible for gaming. As we have stated over and over again, we have all necessary federal approvals to move forward with the gaming facility on the current site.”
Mr. Madison said that he had authorized town counsel Ron Rappaport to move ahead with other court filings if necessary.
“The town counsel contacted me today and asked for permission to file with the court on matters . . . ” Mr. Madison said at the Tuesday meeting. “I told him, go ahead and do that.”
Meanwhile, Mr. Madison said the town continues to want to be proactive and to promote a dialogue with the tribe.
“We need to have a dialogue which speaks to public safety concerns which everyone in this community has. That’s all we are trying to do . . . That’s what the tribe’s letter seeks, that’s what any action in the court would seek,” Mr. Madison said.
Comments
My firm has used Goodwin
T Bone Oak BluffsMy firm has used Goodwin Procter. The going rate for a Goodwin Procter litigation partner is $1,000/hour. Aquinnah taxpayers should expect to have to pay a large legal tab.
Seems pretty simple ... the
KGH EdgartownSeems pretty simple ... the tribe needs to abide by the law which is governed by IGRA.
There's a lot of history that
Jack Oak BluffsThere's a lot of history that seems to be forgotten here. The tribe (before recognition) settled for much less than was taken (stolen) from them...imagine if they hadn't. Per the Gazette itself 9/29/1981.
"The town of Gay Head had violated the federal Indian Non-Intercourse Act of 1790 when it took over the 238 acres of tribal Common Lands. But the same legal principle could be expanded to cover the entire town, which was created out of a state Indian district in 1870 without Congressional approval."
We ought to have a good grip on the can of worms before we open it, eh?
Hmm this is interesting.
JT AquinnahHmm this is interesting. Looked at the text of IGRA here:
https://www.nigc.gov/general-counsel/indian-gaming-regulatory-act
Section 2719 is the applicable section. Based on my reading (and the town's lawyer's) it doesn't appear that the tribe can legally put a casino on that land.
If the tribe can prove it
Ken EDG.If the tribe can prove it once occupied this property all this is mute. Tribes across the nation are buying up land that they once occupied centuries ago.
Boston has a casino why can't
Rick EdgartownBoston has a casino why can't we have one - we could use a good steak house and quite frankly the island needs more adult entertainment.
Unless I'm mistaken I have
R Scott Patterson EdgartownUnless I'm mistaken I have been hearing about how the up island towns have budget shortfalls and have been considering budget overrides to pay their bills. Wondering how Aquinnah taxpayers feel about all the cash this boston law firm is gonna cost them plus the fact that the Tribe plans to sue to recover their legal bills from any future litigation?
We feel great! The town is
Jason MVWe feel great! The town is acting appropriately and responsibly to protect the rights of all residents and should employ whatever methods necessary to safeguard that.
I'm sick when I look at that
Hugh Weisman Chilmark and NYI'm sick when I look at that picture....it looks like some of the clearings done for developments along I95...Legal or not, there's obviously no respect for the land whatsoever, not a tree saved, nothing.
It's a tragedy and sad to see
Mark EdgartownIt's a tragedy and sad to see beautiful land of MV desecrated for a bingo hall.
They paved paradise and put
Year Rounder West TisburyThey paved paradise and put up a parking lot ... They took all the trees and put them in a tree museum ... And they charged all the people A dollar and a half to see 'em. Well sadly maybe the lyrics from this Joni Mitchell song will prove prophetic for one of the most special parts of the island. How
ironic that this is how it turns out after colonists desecrated lands all across America in pursuit of money, minerals, and oil and leave a shameful history of Native American treatment and broken treaties in the wake. Comeuppance perhaps in the harsh light of this century.
Steal there land & tell them
John EdgartownSteal there land & tell them they can't survive as a People. Sounds like the American way. Government refuses to stop the vehicles from off island clogging the streets, but wants to restrict where they go and what they do! The Rich don't want people having fun in there back yard. The Tribe needs to just call Bingo "ART", have a $500 per person fundraiser, then it will be accepted.
I just can't understand why
Public Trust All IslandI just can't understand why the Tribe does not build this casino on tribal lands off island. New Bedford or Fall River would welcome the business. The cost to get here will be prohibitive and our small roads will get filled with more buses. When I have visited gaming casinos all I see is smokers, drunks, and families loosing money needed for raising their children.
My understanding from what I
DownislanderMy understanding from what I hear on the grapevine is that the tribe members who are pushing for this casino are off-Island Wampanoags, not the Island Wampanoags.
If true, that casts a negative light on the whole project.
I have been a renter on the
NA MarylandI have been a renter on the island for over 50 years and have seen so many changes to this special place. Though I am not in favor of the proposed project I believe the issue noted in this article was exhaustively reviewed by the US Dept of Interior in 2013. "Aquinnah Settlement Act Interpretation", Ofc of the Solicitor, 23 August 2013, Dept. of Interior. The conclusion: “...the Settlement Act does not prohibit the Tribe from gaming on the Settlement Lands”. Am I wrong?
You are probably right.
Mike WTYou are probably right.
What is the difference between settlement lands and lands taken into trust outside of the original settlement lands?
Would future purchases of land outside the original settlement lands be eligible for gaming of this nature?
With this ruination of nature
Jack Dwyer Oak BluffsWith this ruination of nature and display of greed, the Tribe thus forfeits any further claim to "spiritual" custodianship of its homeland.
Jack, what exactly qualifies
R Scott Patterson EdgartownJack, what exactly qualifies you to determine what the tribe claims about their stewardship of their "homeland"? I'm assuming you are a white man and considering the level of worldwide destruction white men are responsible for you should probably forfeit any authority to comment about the behavior of any other group of people. Once you get white men to stop destroying the world feel free to comment on what the native americans should do.
The reality is that people
Louise Dublin OHThe reality is that people can gamble online if they want. They really don’t have to take a ferry, rent a car or take a bus for 20+ miles to place a bet. Will they ever break even if they do build and open a casino?
I just came back from a trip
Nancy West TisburyI just came back from a trip to California and drove by lots of casinos with big, empty parking lots. This was in California, where the roads are big and wide. This gaming facility does not belong on our island and it is very hard to imagine how it could be successful. A waste for all concerned. New Bedford would be a much better idea!
After my 60 years in East
JS Aqinnah and Western MassAfter my 60 years in East Pasture, this is especially painful to watch. Let's see, it's February, and I am bored. Let's drive to the ferry, park, take a bus to the ferry, then another bus, so we can play bingo machines and eat from a food truck..yeah! Then, we have to leave the casino by 9PM, and do the whole thing in reverse.
More white folks telling the
R Scott Patterson EdgartownMore white folks telling the natives what's best for them and how they should conduct themselves, I bet the native americans love that.
Love the paternalistic
Haley Jane Baker EdgartownLove the paternalistic attitude here, like they are just a bunch of adolescents who act out of a need to rebel and nothing more.
The people are adults. Adults can handle contrasting viewpoints.
How ignorant of you to
Mark EdgartownHow ignorant of you to categorize dissent about the destruction of beautiful land for a trashy bingo hall as some form of “white bigotry”.
Please explain how I'm being
R Scott Patterson EdgartownPlease explain how I'm being ignorant? I took a ride past the site yesterday and it didn't look much different than probably 10 to 20 other construction sites currently underway on MV. What I do see is a whole lot of mostly white folks trying to tell the tribe how they should conduct their business. Whether or not they have a legal right to build their casino is fair to debate I suppose but all these people trying to tell them "its a dumb idea" or "build it elsewhere" or "they don't know how to run a business" or "how many trees they cut down" are total nonsense and none of your business.
Making this into a racial
Mark EdgartownMaking this into a racial issue only serves to further divide the island community. All island stakeholders have a vested interest in whether a seedy, "want-to-be" casino tarnishes the broader community. As for the legal challenge, let's hope the courts kill this swiftly.
It is a dumb idea, no matter
JS Aquinnah and Western MAIt is a dumb idea, no matter where it came from. Oh well, we are living in a time of division and reaction, so why not build a business with no infrastructure in a place that can never support it?
Using a black fence to block
Jackie ChilmarkUsing a black fence to block the view, while never considering that drones will tell the story of exactly what's going on there, says a lot about the thinking behind this project.
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