A federal judge has ruled that the Wampanoag Tribe of Gay Head of Massachusetts is bound by an agreement that it signed in 1983 and cannot put a Class II casino on Martha’s Vineyard in the town of Aquinnah.
U.S. District Court Judge F. Dennis Saylor issued a 40-page ruling last week in which he said that the Indian Gaming Regulatory Act of 1988 does not trump the Settlement Act of 1983 in which the tribe was given land in exchange for a promise to obey state and local land use laws and regulations. The settlement act was ratified by Congress and the state legislature.
Saylor wrote that it was clear that IGRA did not repeal the earlier act and that the tribe did not exercise “governmental power” over the land in question.
In granting summary judgment to the town of Aquinnah, the community association and the state that sued to stop the casino Saylor concluded that the tribe “cannot build a gaming facility on the settlement lands without complying with the laws and regulations of the commonwealth and the town.”
Saylor wrote that the two Acts of Congress are not incompatible with each other. “The two statutes are not merely capable of co-existence; rather, both can be given full effect,” he wrote. “IGRA permits tribes to engage in class II gaming on their land unless it is specifically prohibited by federal law . . . . When Congress passed IGRA, the settlement act was an existing federal law that specifically prohibited gaming on the settlement lands.”
He noted that a past president of the tribal council had testified before Congress and affirmed that the tribe acknowledged that gaming was not possible on the land then or in the future.
The tribe wants to convert an unfinished 6,500 square foot community center into a small bingo hall. The tribe left the building unfinished for many years until the state passed its 2011 gaming expansion act, which prompted the tribe to want to get into the game.
That same year the tribe voted to convert the building into a casino. The decision was and is controversial, with the majority of the tribe who live off of the island generally supporting the casino and the tribal members who live on the island generally opposing it.
In August a faction of the tribe qualified a referendum on reconsidering the casino. The vote was 110 in favor and 110 against, which meant that the previous decision stood.
In 2013 the tribe requested that then Governor Deval Patrick negotiate a tribal state gaming compact with it. He refused, citing the Settlement Act.
Tribal Chairman Tobias Vanderhoop issued a statement decrying the ruling: “I am dismayed with the ruling by Judge Saylor, as it directly impacts the tribe’s ability to pursue a proven economic development path that has positively impacted many federally-recognized Indian tribes.”
He told the Boston Globe: “We are not just some corporation” looking to capitalize on a casino. We are a sovereign tribal government.”
Aquinnah town counsel Ronald H. Rappaport hailed the decision: “What this decision means is no gaming in Aquinnah. This is a great result for the town and for the Island.”
The tribe may appeal the decision, said Vanderhoop, but added that the council first needs to “fully review the ruling, its implications and all options.”
The ruling came two days before the tribe’s quarterly general membership meeting. About 50 people attended that meeting where the ruling was much discussed. One casino opponent, Donald Widdiss, said that the decision was not unexpected. “You would have to be living in a cave not to understand that it was at best a long shot,” he told the Vineyard Gazette.
Aquinnah Selectman Juli Vanderhoop, who is also a member of the tribe, told the Gazette “I have heard a lot of great response from people around the community, and then the tribal community as well. A lot of relief.” She added, . “I think that some of the people really thought that this was the key to our economic success. But I think that we are no worse off than we were going in. I don’t think that there were hard feelings.”
A marketing study commissioned by the tribe had predicted that it could make almost $4 million annually with 300 Class II machines.
Southeastern Casino Zone
The Mashpee Wampanoag Tribe recently exercised its option to buy six parcels of land in East Taunton that it needs for its $500 million Project First Light casino at a total cost of $34.5 million.
The deal will result in the displacement of almost a dozen businesses and the razing of four commercial or industrial buildings.
The largest purchase was from The Maggiore Companies, paid $19.2 million for 50 acres with three buildings on them adjacent to the Liberty and Union Industrial Park, the epicenter of the casino complex.
The Mashpees intend to break ground next spring.
