Litigation | Openings & Closings

Aquinnah Wampanoag Tribe to vote on Class II casino project

Wednesday, August 12, 2015

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

Members of the Aquinnah Wampanoag Tribe of Massachusetts might put a stop to a controversial Class II facility, something state and local officials haven't been able to do so far.

The tribe is holding a referendum this Sunday on the project. Some members, including former chairwoman Beverly Wright, don't think a casino will be good for the community.

The tribe and the state are facing off in federal court today over the legality of the project. The hearing is taking place in Boston, a long drive from the reservation on the island of Martha's Vineyard.

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

The tribe plans to convert an unfinished community center into a 6,500 square-foot casino. The state contends the Massachusetts Indian Land Claims Settlement Act of 1987 does not allow the tribe to engage in gaming.

The Interior Department and the National Indian Gaming Commission, on the other hand, 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 litigation.

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

Get the Story:
Aquinnah Tribe’s Slot Parlor Plan Back in Focus (CapeCod.Com 8/12)

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)