The U.S. Supreme Court has received the final arguments in the case where the government of Massachusetts, the town of Wampanoag and a town group sued to stop the Wampanoag Tribe of Gay Head (Aquinnah) from building an electronic bingo hall in an unfinished community center on Martha’s Vineyard.
They filed briefs asking the court to grant certiorari, a review of earlier decisions.
In their brief, the state, town and Aquinnah/Gay Head Community Association reaffirmed all of their previous arguments for overturning a previous decision by the U.S. Court of Appeals for the First Circuit that ruled the tribe was not bound by the Massachusetts Settlement Act passed by Congress that it signed in 1987 with the state and town, in which it promised to abide by local land use laws. The tribe claims the Indian Gaming Regulatory Act (IGRA) passed the next year superseded that agreement.
The state, town and group say that IGRA did not repeal the Act. The two sides cite conflicting appeals court decisions to bolster their arguments.
This, say the plaintiffs, provides the logic for the high court to review the case. The town and community group in their filing said, “The court should grant review to bring an end to the ongoing and longstanding confusion this issue has generated. The Commonwealth of Massachusetts added, “The court can and should take the opportunity to put to rest these decades-long disputes.”
The tribe argues that IGRA gives it the right to offer Class III gaming without a compact with the state by right.
The Supreme Court has not yet decided to hear the case. It will decide that after reviewing the court documents. About 1 percent of the cases that are appealed to the high court are ultimately heard.
