A screenshot of the Aquinnah Gaming website.
The Aquinnah Wampanoag Tribe declared victory after a federal judge retained jurisdiction over a gaming dispute with the state of Massachusetts. The tribe wants to open a Class II facility on its reservation on the island of Martha's Vineyard. The state, however, claims the Massachusetts Indian Land Claims Settlement Act of 1987 subjects the tribe to state laws. The tribe argues that the Indian Gaming Regulatory Act, which became law in 1988, pre-empts any state law claims. Judge F. Dennis Saylor IV didn't rule on that issue but he agreed that the lawsuit belongs in federal -- not state -- court. "This court does not need to resolve the issue, and therefore will not reach it," Saylor wrote in the 13-page decision. "Nonetheless, the fact that at least one circuit has concluded that the IGRA entirely preempts the field of Indian gaming regulation is further evidence of the strong federal interest at issue here." "We are very pleased that Judge Saylor has recognized that the question of Aquinnah's right to game is governed by the Indian Gaming Regulatory Act, passed by Congress in 1988, and belongs in federal court," Cheryl Andrews-Maltais, the chair of the tribe's gaming commission, said in a statement, The Cape Cod Times reported. Turtle Talk has posted documents from the case, Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah). Get the Story:
Federal court ruling clears path for Martha's Vineyard casino (The Cape Cod Times 7/2) 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)
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