On August 5, the two sides of a battle in the town of Aquinnah in Martha’s Vineyard, Massachusetts met via conference call with Judge Dennis Saylor IV, who ordered them to craft a “good faith” solution to safely secure the site of a proposed tribal bingo hall in the town.
According to the Vineyard Gazette, in June Saylor ruled that the Wampanoag tribe could not begin construction of the gaming hall without first obtaining state and local building permits. The tribe had sought a stay pending its appeal of Judge Saylor’s decision, which would have allowed it to work on the facility despite his order.
The stay was denied on July 26, and the tribe responded by filing a 12-page emergency motion asking the judge to let them secure the site for safety reasons.
“The danger is current and immediate,” tribal attorneys wrote to the judge. “An untenable situation has unfolded . . . the tribe seeks relief from this court to allow cement to be poured such that the rebar steel is not exposed and the open trenches are filled.”
Aquinnah town officials reported construction activity on the site of the proposed bingo hall last month. Building inspector Lenny Jason issued a cease-and-desist order requiring the tribe to stop working at the facility. The tribe complied, but continues to seek permission to secure the site.
Tribal counsel Scott Crowell said the site as it stands poses a potential public safety hazard. “We’re not looking to build and complete a sprung structure,” he said during the conference call. “We are not looking to do anything other than make the site safe.”
William Jay, an attorney who represents the town, disagreed. “Of course the town does not want there to be an unsafe situation in the town of Aquinnah,” he said. “But we’re concerned that much of the unsafe situation, including anything having to do with rebar, all refers to work performed after the ruling by Judge Saylor in June. And at no point has the tribe come to the town and sought a permit.”
Saylor told the opponents to come to a resolution of their differences.
“I am not on site. I am not in a position to conduct fact-finding. I don’t know what, if any work, was performed after the injunction was issued,” he said. “But I do want to make sure that the site is safe. The idea is to maintain the status quo while this issue is appealed. The site needs to be safe.
“And what I am going to direct the parties to do is to work together in good faith—and by that I mean the tribe and the town—with the town being permitted to have people on site to observe the conditions and come up with a plan to make sure the site is safe.”
Saylor said the issues should be discussed with “lower temperatures” for a better outcome. Meanwhile, the tribe is appealing Saylor’s June ruling. No hearing date has been set.
