Openings & Closings | Regulation

Mashpee Wampanoag Tribe disputes rival's casino market study

Tuesday, April 26, 2016

Artist's rendering of the First Light Resort and Casino in Taunton, Massachusetts. Image from Steelman Partners / Mashpee Wampanoag Tribe

The Mashpee Wampanoag Tribe and a rival developer continue to spar over plans for a commercial casino in southeastern Massachusetts as both await a key decision this week.

The tribe broke ground on the First Light Resort and Casino earlier this month. The facility is going up in the city of Taunton, less than 20 miles from Brockton, where the commercial project is being proposed.

Although state law envisions the possibility of two casinos in southeastern Massachusetts, a study prepared by The Innovation Group in 2010 warned of negative economic impacts statewide, The Cape Cod Times reported. But that same company appears to be singing a different tune now that it has been hired by the rival developer.

"Our position regarding the issue of the proposed planned introduction of casino gambling in Massachusetts has remained consistent; Innovation’s position has not," Spectrum Gaming Group, a different firm hired by the tribe, told the Massachusetts Gaming Commission, the Times reported.

The commission could decide as soon as Thursday whether to proceed with the commercial casino. The license is being sought by Neil Bluhm, a gaming developer whose net worth was pegged by Forbes at $2.9 billion.

Bluhm is also financing a lawsuit that aims to stop the tribe's casino. The complaint in Littlefield v. Department of the Interior argues that the Bureau of Indian Affairs can't place land in trust for the Mashpees because the tribe wasn't "under federal jurisdiction" in 1934.

The federal government filed a response on April 18, seeking the partial dismissal of some of the claims. Turtle Talk posted the memo in the case.

The tribe is not a party to the suit and cannot be included due to sovereign immunity. Any decision in the case would likely not affect construction of the casino, which is due to open in the summer of 2017.

Get the Story:
Casino investors call other's bluff (The Cape Cod Times 4/26)
Brockton casino bid faces crucial vote this week (The Boston Globe 4/26)
Third casino could join MGM, Wynn in Boston area (AP 4/25)
What would a third Conn. casino mean for Mass.? (The Boston Globe 4/24)

Land-Into-Trust Documents:
Chairman Cedric Cromwell Announcement | Mashpee Wampanoag Tribe Press Release | Bureau of Indian Affairs Press Release | Assistant Secretary Kevin Washburn Letter to Chairman Cedric Cromwell | Record of Decision

DOI Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)