Despite adamant denials by the Massachusetts-based Wampanoag Tribe of Gay Head (Aquinnah) that it has any jurisdiction over the small Class II casino they are building on the island, the Martha’s Vineyard Commission (MVC) has scheduled the first public hearing on the casino project.
The MVC sent a letter May 8 to tribal Chairwoman Cheryl Andrew-Maltais informing her that the towns of Chilmark and Aquinnah had referred the project to it due to its possible regional impact. It seeks to schedule a meeting between its staff and the chairman on May 22.
The project would then be referred to the MVC’s Land Use Planning Commission for a public hearing on June 3 with a hearing before the full commission on June 6.
According to the letter: “The commission will receive testimony from all interested persons with respect to the proposed development, and would, of course, welcome the tribe’s participation in the public hearing process. At the conclusion of the process, the commission will vote with respect to the project.” It warns that it has the authority to enforce its actions.
According to commission staff the tribe is ignoring the commission.
This action has occurred in tandem with the town of Aquinnah’s renewed legal battle against the tribe. It lost its challenge to the right to build a casino when the U.S. Supreme Court refused to review an appeals court ruling. However the town argues that although the tribe’s right to build a casino is established, it is still subject to land use rules and regulations of the island.
