The logo of the Aquinnah Cliffs Casino, the Aquinnah Wampanoag Tribe's forthcoming gaming facility. Image: Aquinnah Cliffs Casino

Aquinnah Wampanoag Tribe continues to fight for gaming rights

The Aquinnah Wampanoag Tribe plans to appeal a judge's decision that places construction of a long-awaited casino under local jurisdiction in Massachusetts.

As a Class II facility, the Aquinnah Cliffs Casino would normally not be subject to local or state authority. But a federal judge has determined otherwise in a ruling that the tribe is seeking to have placed on hold during the appeal.

“The tribe is being deprived of . . . critical revenue stream, estimated to range from $3 to $5 million per year from the initial phases of the operation,” a court filing stated, The Vineyard Gazette reported.

The Aquinnah Clay Cliffs Casino takes its name from the clay cliffs in Aquinnah, Massachusetts, the home of the Aquinnah Wampanoag Tribe. Photo: Jens Dahlin

The tribe will be taking the case to the 1st Circuit Court of Appeals. A prior ruling from the same court confirmed that the tribe could engage in gaming on its reservation.

But when the matter returned to Judge F. Dennis Saylor IV, he ruled that the tribe must obtain permits from the town of Aquinnah before resuming construction on the casino. He contends the tribe failed to appeal a portion of the case that dealt with local jurisdiction during the earlier trip to the 1st Circuit.

Meanwhile, the tribe has been hit with a cease and desist order from the town over ongoing activities at the casino site, The Vineyard Gazette reported. Chairwoman Cheryl Andrews-Maltais told the paper that the tribe was merely trying to secure the site for safety.

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 in Oklahoma.

The tribe had hoped to open the facility this summer until running to delays at the local level.

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

Read More on the Story
Building Inspector Orders Tribe to Halt Construction on Bingo Hall Site (The Vineyard Gazette July 17, 2019)
Tribe seeks stay of ‘final judgment’ in casino case (The Martha's Vineyard Times July 12, 2019)
Tribe Seeks Stay in U.S. District Court to Begin Building Bingo Hall (The Vineyard Gazette July 11, 2019)

1st Circuit Court of Appeals Decision
Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (April 11, 2017)

Relevant Documents
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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