Litigation | Openings & Closings

Aquinnah Wampanoag Tribe argues for gaming rights in court

Thursday, August 13, 2015

The clay cliffs in Aquinnah, Massachusetts, the home of the Aquinnah Wampanoag Tribe. Photo by Jens Dahlin / Flickr

The Aquinnah Wampanoag Tribe and the state of Massachusetts squared off in federal court on Wednesday over the legality of a Class II gaming facility on the reservation.

In most circumstances, a state lacks authority over Class II games like bingo and electronic forms of bingo. But the situation facing the tribe is unique because the Massachusetts Indian Land Claims Settlement Act of 1987 subjects the reservation to local and state laws.

The tribe, however, argues that the Indian Gaming Regulatory Act supersedes the settlement. The 1998 law recognizes a tribe's exclusive jurisdiction over Class II games on reservation.

The federal courts agreed with that assessment in a case involving the Narragansett Tribe in neighboring Rhode Island, whose reservation is also subject to a settlement act. But Congress passed the so-called Chafee appropriations rider that overturned the victory and prevents the tribe from following IGRA.

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

Judge Dennis Saylor in fact brought up that case at the hearing in federal court in Boston, State House News Service reported. The 2nd Circuit Court of Appeals in 1994 had ordered Rhode Island to enter into "good faith negotiations" with the Narragansetts, something the Wampanoags were seeking before being rebuffed by Massachusetts, where Class III gaming is legal.

For now, the tribe has been ordered to stop working on the 6,500 square-foot casino without first securing a permit from the town of Aquinnah. And the project itself might be put on hold indefinitely if tribal members approve a referendum on the issue this Sunday.

Get the Story:
Future of tribe casino on Martha’s Vineyard rests with judge (AP 8/12)
Federal judge hears arguments in Wampanoag bingo case (State House News Service 8/13)
Aquinnah Wampanoag say opening a casino on Martha's Vineyard a legal right (The Boston Globe 8/13)

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)