Judge sets hearing in Aquinnah Wampanoag Tribe casino case


Chairman Tobias Vanderhoop of the Aquinnah Wampanoag Tribe of Massachusetts. Photo from UNITY / Facebook

A federal judge scheduled July 28 hearing to determine whether the Aquinnah Wampanoag Tribe of Massachusetts can build a Class II gaming facility on its reservation.

The tribe is converting an unfinished community center into a 6,500 square-foot casino. The town of Aquinnah contends the project violates local laws and has asked Judge F. Dennis Saylor IV to halt further construction.

“The use of the community center building as a casino, or for bingo, gambling, or games of chance, or for any commercial use, violets town zoning,” the motion for a temporary restraining order or a temporary injunction argued.

The state of Massachusetts filed a statement in support of the town's motion. The Aquinnah/Gay Head Community Association, a local group that joined the case, is also backing the request.


The New England Casino Race: Tribal and commercial gaming facilities in Connecticut, Massachusetts and Rhode Island

The lawsuit began when the state learned of the tribe's plans for the casino but a decision hasn't been reached on the merits. At issue is whether the Massachusetts Indian Land Claims Settlement Act of 1987 subjects the reservation to state and local laws.

The Interior Department and the National Indian Gaming Commission believe the tribe can follow the Indian Gaming Regulatory Act, which became law a year after the settlement act. The federal agencies are not involved in the state's lawsuit.

In 2004, the Massachusetts Supreme Court ruled that the law subjects the tribe to state jurisdiction. The case, however, did not involve gaming.

The reservation is located on the island of Martha's Vineyard.

Get the Story:
Aquinnah tribe and town battle over gaming center (The Cape Cod Times 7/15)
Aquinnah asks judge to block work on tribe bingo hall (The Martha's Vineyard Times 7/15)
Town moves to block work on Martha’s Vineyard casino (AP 7/14)
Aquinnah Goes to Court to Block Casino; Tribe Blasts Town (The Vineyard Gazette 7/14)

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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Aquinnah Wampanoag Tribe ignores order to stop working on casino (7/7)
Aquinnah Wampanoag Tribe told to stop working on gaming facility (7/6)
Aquinnah Wampanoag Tribe starts work on Class II gaming facility (7/3)

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