Aquinnah Wampanoag Tribe wants gaming case in federal court

Wednesday, February 26, 2014  

The Aquinnah Wampanoag Tribe of Massachusetts says a lawsuit that tests its gaming rights belongs in federal court.

Gov. Deval Patrick (D) filed a lawsuit in state court after the tribe announced plans for a Class II facility on its reservation. The tribe had the case moved to federal court but Patrick filed a motion to get it back to state court.

The tribe filed a response on Monday and said the case presents "a substantial federal question which permeates the asserted state law claims," The Cape Cod Times reported.

At issue is whether the Indian Gaming Regulatory Act of 1988 supersedes the Massachusetts Indian Land Claims Settlement Act of 1987. In 2004, the Massachusetts Supreme Court said the tribe must comply with state laws, but the issue doesn't appear to have been addressed in federal court.

The National Indian Gaming Commission and the Solicitor at the Interior Department have concluded that the tribe has a right to follow iGRA.

Get the Story:
Vote fails to kill island casino plan (The Cape Cod Times 2/26)

Relevant Documents:
Solicitor Letter to Aquinnah Wampanoag Tribe (August 23, 2013)
NIGC Letter to Aquinnah Wampanoag Tribe (October 25, 2013)
Press Release: GSB Client Aquinnah Wampanoag to be First to Game in Massachusetts (November 12, 2013)

Aquinnah Wampanoag Tribe won't drop plan for Class II facility (2/25)