The Aquinnah Wampanoag Tribe of Massachusetts is facing more court action over plans for a Class II gaming facility on the reservation.
The tribe is already being sued by the state for merely proposing the casino. Oral arguments are scheduled for August 12.
The town of Aquinnah now plans to ask a federal judge to prevent the tribe from moving forward with construction on the 6,000 square-foot facility.
The tribe insists that the town lacks jurisdiction over the project and is ignoring a cease and desist order to stop work.
“There is nothing new here,” the tribe said in a statement to The Vineyard Gazette. “The town has trumped up the ongoing work on the project to instruct the tribe to stand down. Now the town is arguing that some emergency action needs to be taken to stop the tribe.”
The tribe is converting an unfinished community center on the reservation into the casino. But local and state officials contend the tribe can't use the land for gaming due
to in the Massachusetts
Indian Land Claims Settlement Act of 1987 that place the reservation under state law.
The Interior Department and
the National Indian Gaming
Commission, on the other hand, have concluded that the tribe can follow the
Indian
Gaming Regulatory Act, which became law a year after the settlement act. The
federal agencies are not involved in the state's lawsuit.
In 2004, the Massachusetts
Supreme Court ruled that the law subjects the tribe to state
jurisdiction. The case, however, did not involve gaming.
The reservation is located on the island of Martha's Vineyard.
Get the Story:
Wampanoag Tribe Blasts Aquinnah Over Anticipated Court Filing
(The Vineyard Gazette 7/14)
Martha’s Vineyard: Town Moves to Block Construction of Casino
(AP 7/14)
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:
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Wampanoag Tribe might stop work on Class II project (7/13)
Editorial:
Aquinnah Wampanoag Tribe's wrong approach on casino (7/9)
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Wampanoag Tribe ignores order to stop working on casino (7/7)
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Wampanoag Tribe told to stop working on gaming facility (7/6)
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Wampanoag Tribe starts work on Class II gaming facility (7/3)