In legal briefs filed last week in federal court the Martha’s Vineyard, Massachusetts-based Aquinnah Wampanoag tribe claimed that it never gave up the right to conduct gaming when it signed a land settlement agreement for 485 acres that it acquired as part of the Massachusetts Indian Land Claims Settlement Act of 1987.
Governor Deval Patrick claims that the tribe gave up its rights to conduct gaming on the land when it signed the agreement. The tribe stoutly contends otherwise. It argues that it couldn’t have signed away its rights at that time because the federal government had not yet recognized it. It finally earned that designation in 1987.
It adds that the agreement “was not and was never intended to be, standing alone, a contract or any other form of enforceable ‘agreement.”
The state supreme court ruled in 2004 that the settlement agreement subjected the tribe to local land use regulations.
The tribe’s plans to build a small bingo-style casino in an unfinished community center on Martha’s Vineyard appalls some longtime residents and even some members of the tribe.
Aquinnah Selectmen Julianne Vanderhoop, who belongs to the tribe, asserts that a casino will bring, “Theft, vandalism, drugs, alcohol, you name it.”
However, even opponents of the casino say that the tribe needs to create some sort of cash flow. According to Eugene Goldfield, a merchant on the island, “It just seems like an unfortunate way of making an income.” But he feels that the 1,200-member tribe has gotten “screwed over the years.”
The tribe claims that a casino is the best way to grab some tourist dollars during the summer. Some visitors agree that it would be “a change of pace,” to be able to visit a small casino.
The tribe hopes to attract investors to fund the $10 million estimated cost to open the facility. According to Cheryl Andrews-Maltais, chairwoman of the tribe’s gaming commission, “Gaming has never been a panacea; however, it’s a catalyst. You need money to make money.”
