Although federal courts have said that the Wampanoag Tribe of Gay Head (Aquinnah) of Martha’s Vineyard in Massachusetts may operate Class II gaming without state or local approval, U.S. District Court Judge Dennis Saylor ruled last week that they must obtain local permits and approvals for the building.
The tribe declined to comment on the ruling, but it is expected to appeal.
The tribe is building on reservation land it obtained through the Massachusetts Indian Land Claims Settlement Act of 1986, where it agreed to abide by local land use regulations, including not to offer gaming. It later fought and won the right through the Indian Gaming Regulatory Act of 1987 to offer gaming despite that agreement. But the most recent court ruling says it’s still bound by local land use regulations and permitting.
The tribe began building the Aquinnah Cliff’s casino in February after the U.S. Supreme Court declined to review the First Circuit Court of Appeals ruling in the tribe’s favor.
Judge Saylor’s 12-page decision noted that the tribe had failed to appeal the portion of his previous ruling that related to abiding by local land use, although it won on the portion of his ruling that it did appeal. He wrote, “The court will therefore enter a final judgment providing that any gaming facility constructed and operated by the tribe on the lands at issue is not subject to state and local laws and regulations concerning gaming.” The judge continued, “The judgment will further provide, however, that any such facility is otherwise subject to state and local regulation, including any applicable permitting requirements.”
Saylor concluded, “If the tribe seeks to construct and operate a gaming facility, it need not comply with state and local gaming laws, but it must comply with all state and local laws and regulations of general applicability to the construction and operation of a commercial building.”
The Wampanoag Tribe was sued in April by the town of Wampanoag to force it to go through the regulatory process. The tribe contends that the provisions of IGRA exempt them from this requirement.
Both sides provided oral arguments last month in federal court in Boston.
The town’s attorney, Ronald Rappaport, told the Martha’s Vineyard Times, “The court specifically held that while the tribe can game, it is still subject to all state and local laws and regulations to the construction and operation of a commercial building, which means building permits, etc.—that also means the Martha’s Vineyard Commission.” He said the town was pleased with the ruling.
During those oral arguments, the tribe claimed that the lawsuit was another attempt by the town to keep it from building its bingo casino.
Jim Newman, a town selectman, said that’s not true. He told the Times, “We were not out to stop the casino. I’m sorry this is what it had to come to.” He said the town wants to sit down with the tribe and understand the full ramifications and how it might impact the town’s services.
Newman added, “In all honesty, blocking the casino was never the case on the part of the administration and the selectmen. That was never the intent. Very shortly after the Supreme Court rejected our appeal, I went and said, ‘How can we work together?’”
