The Massachusetts-based Aquinnah Wampanoag Tribe, whose reservation is located on Martha’s Vineyard, plans to appeal a judgment by federal Judge Dennis Saylor IV that requires the tribe to obtain permitting from a local authority for its Class II casino: Aquinnah Cliffs Casino.
The tribe’s right to conduct gaming is not in doubt; only whether it must deal with permitting authorities such as the building department of the town of Aquinnah.
Judge Saylor issued his order earlier this month.
While the tribe prepares its appeal to the 1st Circuit Court of Appeals it has halted construction on the casino. The tribe has been fighting for years for the right to build a small bingo-style casino on the island. Its right to do so was upheld several months ago by the U.S. Supreme Court. However, that court did not deal with whether the tribe must submit its plans to the local building authority.
The tribe has asked that it be allowed to continue building during the appeal: “The tribe is being deprived of critical revenue stream, estimated to range from $3 million to $5 million per year from the initial phases of the operation,” said a court filing.
The town recently served the tribe with a cease and desist order over construction activities. Building Inspector Leonard Jason Jr. wrote the following on the order: “I personally observed the construction of footings and foundation walls, and observed the presence of rebar. The above activities require a building permit from the town, which has not been sought or issued.”
Town Administrator Jeffrey Madison was quoted by the Vineyard Gazette as telling the Aquinnah Board of Selectmen: “The tribe continues to work on the casino. That is in total contravention of the injunction that the federal court issued two weeks ago. I just want to make that known for the record.”
Tribal Chairwoman Cheryl Andrews-Maltais told the Vineyard Gazette that the tribe wasn’t conducting construction, but was securing the safety of the site. In a statement to the paper she said, “Our position is that while the tribe and the town disagree on what work needs to be completed in order to ensure the construction site is secured safely, the tribe remains committed to ensuring the safety of the site.”
She added, “We are fully complying with the court order and will continue to do so pending our appeal. The tribe is discussing available options to ensure site safety with the town, and we’re optimistic that we will reach an agreement soon.”
The tribe has partnered with Global Gaming Solutions, a subsidiary of the Chickasaw Nation, to build the Class II facility.
