"The State Expanded Gaming Act has put the residents and towns in Region C, Southeastern Massachusetts, in a lose-lose position and created a vehicle for lawyers to be the only winners.
For starters, consider this: Among other items for a federally recognized Indian tribe to be successful, the law states "if at any time on or after August 1, 2012, the commission determines that the tribe will not have land taken into trust by the United States Secretary of the Interior, the commission shall consider bids under Chapter 23K," which is the bid process for a private developer. The problem with this is that the Supreme Court barred this approval and land-taking process by the Department of the Interior two years ago. In a 2009 Supreme Court case named after former R.I. Gov. Carcieri, the court said Congress never authorized the Department of the Interior to take land into federal trust for any tribe recognized after 1934, the time of the Indian Reorganization Act.
The Aquinnah were recognized in 1987 and the Mashpee in 2007. Now, I may not be that smart, but it seems to me that there is a conflict here. The state has created a criterion that is not legal. Welcome the lawyers."
Get the Story:
Nelson Pratt:
Aquinnah casino attempt is a bad deal, except for lawyers
(South Coast Today 4/27)
Related Stories:
Aquinnah Wampanoag Tribe ready to sue
over casino talks (4/26)
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