Faced with a lawsuit challenging its right to build a casino in Aquinnah, the Wampanoag Tribe of Gay Head (Aquinnah) is seeking to have the case decided in federal, not state court.
Faced with a lawsuit challenging its right to build a casino in Aquinnah, the Wampanoag Tribe of Gay Head (Aquinnah) is seeking to have the case decided in federal, not state court.
In a petition filed with the state attorney general’s office on Monday, the tribe requests that a lawsuit filed by Gov. Deval Patrick be removed to U.S. District Court in Boston. Gov. Patrick filed the suit in the state Supreme Judicial Court against the tribe in December to block any attempt by the tribe to convert its unfinished community center on Martha’s Vineyard into a high stakes bingo parlor.
The tribe’s petition must be approved by the state attorney general’s office before the case can be moved.
Gov. Patrick’s complaint claims that the tribe breached a 1983 land claims settlement agreement by taking steps to allow a casino in Aquinnah, including forming a gaming commission and passing a gaming ordinance.
The settlement agreement was upheld by the SJC, the state’s highest court, in 2004. The tribe argues that the federal Indian Gaming Regulatory Act superseded the settlement agreement.
Tribal Chairman Cheryl Andrews-Maltais had said as recently as this fall that the tribe was actively pursuing plans to open a casino in Aquinnah, but her defeat for re-election in November put those plans in doubt. A special tribal meeting is planned for January to discuss the issue.
In jointly issued statements Monday, Mrs. Andrews-Maltais and Tobias Vanderhoop, who will succeed her as chairman of the tribe next week, said the tribe needed to protect its rights.
“As expected, the Patrick administration continues to insist that the tribe has no rights to game under federal law,” Mrs. Andrews-Maltais said in the statement. “The tribe has never expressly given up our right to conduct gaming, which is why we sought and received the necessary approvals and legal opinions from the appropriate federal agencies confirming our rights.”
Mr. Vanderhoop echoed the point: “Our tribe has consistently maintained that we enjoy rights to game under federal law. Federal court is the appropriate venue for this case to be heard and the tribe will vigorously defend our rights.”
Comments
What a sad state of tribal
Caroline New YorkWhat a sad state of tribal affairs that the Wampanoag Tribe want to take their case to Federal Court. Just because they feel they have the legal right to build a casino doesn't make it right morally. Their sense of entitlement, for expecting the county and state to capitulate to their rights, makes it clear that they never sit down as a tribe and make decisions from their conscience. If they did, they would realize, without any court intervention, that a casino does not ever belong in Gay Head.
The Massachusetts Supreme
Neil Off IslandThe Massachusetts Supreme Judicial Court already ruled the tribe waived sovereign immunity on land use when it signed the 1983 agreement and must abide by town and state zoning rules. That means take it to Federal Court.
I may be wrong,but did you
Ponca Earl On the soil of my ancestors.I may be wrong,but did you use the word morally in your comment ?? and did you say what a sad state for tribal affairs ?? Caroline have you taken a look at the image on the state flag ?? ARE THEY FEDERALLY RECOGNIZED ?? DO THE MATH !!
Who in there right mind is
Ocean State RIWho in there right mind is going to drive from Edgartown, Oak Bluffs and Vineyard Haven to pay to go to beach and play go fish?
I do not drive to Aquinnah in
EdgartownResI do not drive to Aquinnah in the summer because of the pay parking, pay toilets and souvenir shops. After that what is left? Who on earth will drive there for "high stakes" bingo? Someone should do a business survey. If you build it they will not come.
I do not like the idea of
John Somewhere-in-the-Middle, USAI do not like the idea of casinos on something akin to "moral" grounds. I believe they bring nothing but unsavory results. But I also believe that legislating morality should not be a government function. The financial success of any casino will not be dependent on anybody driving from the down-island towns to patronize that casino. The tribe is more likely looking to draw from off-island, importing gambling dollars and the myriad problems associated with "easy money". And, in all likelihood, the only driving needed to get to the casino will be done by shuttles bringing gamblers from the new docks that will be located at the base of the cliffs.
Where does the list end? The
Mr. B. ChilmarkWhere does the list end? The list of "rights" the tribe "did not expressly give up?" This bingo parlor is just the most recent of the occasional "get rich quick" notions that appear to infect the tribal council and leaders every 5-10 years, virtually none of which seem to come to anything of lasting value.
The " right" in question
Sage ChilmarkThe " right" in question should not be if a small casino be of tribal freedom to initiate rather the negative karmic outcome of such a ticky tacky business on sacred domain. A casino. Really. Hmmmm . Is that what the entire tribe wants in the center so long used for your children and community?
Isn't it funny that all of a
Lee FraminghamIsn't it funny that all of a sudden the tribe "finds" money to finish a community center that was built by the military with tax payers Money and was left to rot away until the gaming thing came into view. Shame on you !!
Defending their tribal right
Marea Northampton MaDefending their tribal right to build a casino isn't the same as deciding to build one. If I'm reading between the lines correctly, it is the principle of sovereignty the tribe wants to protect.
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