Town Claims Tribe’s ‘Rights Not Without Limits’

While admitting that the Wampanoag Tribe of Gay Head (Aquinnah) has won the right to build a casino on its reservation adjacent to the town of Aquinnah on Martha’s Vineyard, the town maintains the tribe ought to submit to some review. Its rights are “not without limits,’ claims the board of selectmen.

The board of selectmen town of Aquinnah on the island of Martha’s Vineyard, Massachusetts issued a letter to the Wampanoag Tribe of Gay Head (Aquinnah) arguing that while the tribe undoubtedly has a right to build a casino on the island that it has some responsible for impacts that reach outside of its reservation.

The letter states: “The board does believe, however, that the tribe’s gaming rights are not without limits, and that the tribe is required to engage with local and Island-wide planning authorities on issues peripheral to gaming functions, most importantly public safety and the regional impact of any proposed facility.”

Previously the tribe had demanded that the town withdraw an earlier request that it had made of the Martha’s Vineyard Commission (MVC) that it review the casino as a development of regional impact (DRI).

“This issue has been litigated all the way to the United States Supreme Court, the tribe has prevailed, and this issue is now a matter of settled law,” wrote Chairman Cheryl Andrews-Maltais.

The board of selectmen say they are unclear whether some functions of the project not related to gaming may be regulated by the municipal government. They call on the tribe to work with the island’s regulatory body to clear this up.

Andrews-Maltais retorted that “it is now clear that the town’s recent engagement with the tribe for government-to-government dialogue regarding how to work collaboratively with the gaming facility project was disingenuous.”

The chairman told the Martha’s Vineyard Times, “We said back at the beginning, even before the litigation started, we were willing to come to the table and share what our plans are, but we’re not asking permission because we don’t need to.”

Senate President Dominick Ruggerio responded, “I am surprised that the chairman of a party that claims to support lower taxes and greater individual liberties would challenge the sports wagering law.” He called the threat by the GOP a “stunt” especially a year after the sports betting bill was passed. He said he was confident the state would win such a legal challenge.