Aquinnah Wampanoag Tribe pushes for decision in casino litigation

Monday, June 8, 2015

Chairman Tobias Vanderhoop of the Aquinnah Wampanoag Tribe of Massachusetts. Photo from UNITY / Facebook

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The Aquinnah Wampanoag Tribe and the state of Massachusetts are preparing for a decision in a closely-watched casino case.

The tribe wants to open a Class II facility on its reservation on the island of Martha's Vineyard. The state claims the plan is illegal 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.

The New England Casino Race: Tribal and commercial gaming facilities in Connecticut, Massachusetts and Rhode Island

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So the tribe and the state are hoping to resolve whether the 1987 law affects the gaming plan. Rather than go to a jury trial, the parties have agreed to let Judge Dennis Saylor resolve the case, the Associated Press reported.

The Interior Department and the National Indian Gaming Commission are not involved in the case. But the two agencies have concluded that the tribe can follow the Indian Gaming Regulatory Act, which became law a year after the settlement act.

A hearing is set for August 12 in Boston, the AP said.