Aquinnah Wampanoag Tribe told to seek local permits to build casino

Thursday, June 20, 2019  

The Aquinnah Wampanoag Tribe must obtain local approval to construct a building that houses a gaming facility, a federal judge ruled on Wednesday.

Despite winning the right to engage in gaming on its reservation in Massachusetts, the tribe failed to appeal a portion of the case that addresses local building permits, Judge F. Dennis Saylor IV said in the 12-page decision. So he told tribe to seek approval from the town of Aquinnah.

“The town is very, very pleased with the result,” Ronald Rappaport, an attorney for the town, told The Martha's Vineyard Times in response to the ruling.

The tribe broke ground on the Aquinnah Cliffs Casino, a Class II gaming facility, earlier this year but work has stalled because the town asserted jurisdiction at the site. The claim is based on provisions in the Massachusetts Indian Land Claims Settlement Act that subject the reservation to local and state laws.

But when it comes to gaming, the 1st Circuit Court of Appeals ruled that such provisions were effectively repealed by the Indian Gaming Regulatory Act. The law recognizes tribal jurisdiction over "Indian lands," a term that includes all of the land within the boundaries of any reservation.

IGRA also dictates that Class II games, such as bingo and electronic versions of bingo, fall under the authority of the tribe and, where applicable, the National Indian Gaming Commission. an independent federal agency. States and local governments have no role, according to the law.

The NIGC has already approved the tribe's Class II gaming ordinance. The agency previously confirmed that the tribe can use its reservation, located on the island of Martha's Vineyard, for such gaming.

The tribe is working with Global Gaming Solutions, a subsidiary of the Chickasaw Nation, on the casino. The Chickasaws were a pioneer in Class II gaming.

Turtle Talk has posted documents from the case, Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah).

Judge rules against tribe in casino case (The Martha's Vineyard Times June 19, 2019)
Federal Judge Rules Tribe Must Obtain Building Permits for Bingo Hall (The Vineyard Gazette June 19, 2019)
Judge: Vineyard tribe needs local approval to open casino (The Associated Press June 20, 2019)

Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (April 11, 2017)

Department of the Interior Letter to the National Indian Gaming Commission (August 23, 2013)
National Indian Gaming Commission Letter to Aquinnah Wampanoag Tribe (October 25, 2013)
National Indian Gaming Commission Approval of Aquinnah Wampanoag Tribe Class II Gaming Ordinance (August 14, 2018)

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