The Aquinnah
Wampanoag Tribe of Massachusetts is welcoming a federal judge's decision as a step towards gaming.
The tribe hopes to show that the Indian
Gaming Regulatory Act authorizes gaming on its reservation on the island of Martha's Vineyard. That argument remains alive in a lawsuit against state officials, including the governor.
"This result would give proper effect to Congress’ intent in passing the Indian Gaming Regulatory Act, and would recognize the sovereign right of the tribe to govern gaming activities on its own lands," attorney Lael Echo-Hawk told The Martha's Vineyard Times.
Class III gaming is legal in Massachusetts under H.3702, the Massachusetts Expanded Gaming Act. However, the state has refused to negotiate a compact with the tribe.
So the tribe is pursuing a Class II facility, which falls outside of state control.
However, the state claims the tribe gave up its gaming rights under the Massachusetts
Indian Land Claims Settlement Act of 1987.
In 2004, the Massachusetts
Supreme Court ruled that the law subjects the tribe to state
jurisdiction. The case, however, did not involve gaming.
Turtle Talk has posted documents from the gaming case, Commonwealth
of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah).
Get the Story:
Federal judge reaffirms Wampanoag Tribe settlement agreement
(The Martha's Vineyard Times 3/4)
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)
Related Stories:
Aquinnah
Wampanoag Tribe and state in court over casino plan (3/3)