Litigation | Openings & Closings

Aquinnah Wampanoag Tribe deadlocks on gaming referendum

Monday, August 17, 2015

The clay cliffs in Aquinnah, Massachusetts, the home of the Aquinnah Wampanoag Tribe. Photo from Wikipedia

The Aquinnah Wampanoag Tribe of Massachusetts will continue pursuing a Class II gaming facility on its reservation.

Tribal members deadlocked on a referendum that would have halted work on the casino. After a recount, the tally was 110 to 110, The Vineyard Gazette reported, well short of a two-thirds majority that was needed.

“The will of our citizens, based on the result of today’s vote, is that there will be no change to present course of the tribe,” Chairman Tobias Vanderhoop told the paper.

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 facility. The Aquinnah Wampanoag Gaming Corporation anticipates revenues of $4.5 million in the first year, $4.7 million in the second and $4.9 million in the third

The state opposes the project. Officials argue that 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 believe the tribe can follow the Indian Gaming Regulatory Act, which became law a year after the settlement act. The agencies are not a part of a lawsuit pending in federal court.

A map of Martha's Vineyard in Massachusetts. The Aquinnah Wampanoag Tribe's headquarters are located in Aquinnah, shown here in the lower left portion of the map. Image from AWT

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

The tribe is based on the island of Martha's Vineyard.

Get the Story:
Tribe Vote to Overturn Casino Deadlocks, Fails (The Vineyard Gazette 8/17)
Split Wampanoag tribe reaffirms Martha’s Vineyard bingo hall effort (The Martha's Vineyard Times 8/17)
Tribe backs plan for casino on Martha's Vineyard (The Boston Globe 8/17)
Tribe to keep pursuing casino after referendum fails (AP 8/16)
Martha’s Vineyard tribe voting on controversial casino plan (AP 8/16)
Martha's Vineyard divided by Native American tribe's gamble on opening a casino (The Independent 8/15)

Some Opinions:
Editorial: Vineyard’s ‘other’ side (The Boston Herald 8/16)
Lawrence Mirel: Casino would be a disaster for Martha’s Vineyard (The Washington Post 8/14)

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)