Aquinnah Wampanoag Tribe ready to sue over casino talks

Thursday, April 26, 2012  

The Aquinnah Wampanoag Tribe of Massachusetts is prepared to go to court if Gov. Deval Patrick (D) refuses to negotiate a Class III gaming compact.

The tribe asked Patrick to negotiate but his gaming adviser -- Jerry Levine, a Holland & Knight attorney with significant experience in Indian issues -- said the state isn't ready. So the two sides instead met on Tuesday to discuss legal matters.

"We are hopeful that formal negotiations will commence immediately. Otherwise, we will pursue those legal remedies available to us," Chairwoman Cheryl Andrews-Maltais said in a prepared statement, The Cape Cod Times reported.

At issue is the tribe's land claim settlement, which was passed by Congress in 1987. The bill subjects the reservation, which is located on the island of Martha's Vineyard, to state jurisdiction.

Patrick's administration believes the settlement allows the state to "regulate gaming both on the Aquinnah's land in Gay Head and on any after-acquired land within Massachusetts," a letter from Levine stated, The Cape Cod Times reported.

The Massachusetts Supreme Court in 2004 ruled that the tribe is subject to local laws. The decision noted that the Massachusetts Indian Land Claims Settlement Act subjects "settlement lands and any other land that may now or hereafter be owned by or held in trust for any Indian tribe or entity in the town of Gay Head, Massachusetts" to state jurisdiction.

However, the tribe believes the Indian Gaming Regulatory Act supersedes the jurisdiction provisions. Andrews-Maltais said the tribe will invoke IGRA if the state won't negotiate a compact.

Get the Story:
Aquinnah tribe, state clash over casino plan (The Cape Cod Times 4/26)

Related Stories:
State panel awaiting outcome of Wampanoag casino talks (4/25)