A screenshot of the Aquinnah Gaming website.
Despite suffering a setback in its gaming case against the Aquinnah Wampanoag Tribe, the state of Massachusetts is confident it will prevail in federal court. The state claims the tribe gave up its gaming rights under the Massachusetts Indian Land Claims Settlement Act of 1987. In 2004, the Massachusetts Supreme Court ruled that the law subjects the tribe to state jurisdiction. The ruling is one reason why the state wanted to keep a lawsuit it filed against the tribe in the Massachusetts court system. Judge F. Dennis Saylor IV, however, has determined that it belongs in the federal courts. "Whether in state or federal court, we are hopeful that the court will affirm the settlement agreement that the tribe entered into with the commonwealth, within which the tribe committed to comply with all state laws, including those related to gaming," a spokesperson for Gov. Deval Patrick (D), whose administration filed the lawsuit, told The Cape Cod Times. But the tribe will be able to argue that Indian Gaming Regulatory Act, which became law in 1988, pre-empts any state law claims. Saylor hasn't ruled on the merits but he has pointed out that other federal courts have already decided that issue. "The Eighth Circuit has held that the IGRA completely preempts state laws regulating gaming on Indian lands," Saylor wrote, referring to the 8th Circuit Court of Appeals. "That determination was based on the text and structure of IGRA, the jurisdictional framework, and the legislative history, which included a Senate committee report stating that IGRA 'is intended to expressly preempt the field in the governance of gaming activities on Indian lands.'" In 1994, the 1st Circuit Court of Appeals ruled that IGRA pre-empted a land claim settlement act affecting the Narragansett Tribe. The decision prompted Congress to pass a rider that specifically blocked the tribe from following IGRA. Turtle Talk has posted documents from the Aquinnah case, Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah). Get the Story:
State hopeful that it will prevail over tribe (The Cape Cod Times 7/3) An Opinion:
Editorial: Hold casino bets until voters decide (The Metrowest Daily News 7/3) 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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