Cape Cod Times Gets It Flat Wrong!

The editorial below, from the Cape Cod Times bears no name, consequently, no one to directly blame for misinformation. Pity!

Although the Cape Cod Times is generally well informed in their editorials, they failed on this one.


Bad news for Mashpee tribe


In gambling parlance, the Mashpee Wampanoag are on a cold streak.

Last week a state appeals court judge refused to override a lower court's injunction on the tribe's purchase of Fall River land that would be used for a resort-style casino.

Did you mean Resort-style Slot Barn? Reviewing the costs of slot barns around the country, the Mashpee Wampanoags are promising little more than a Slot Barn Style Warehouse, maybe along the line of Bay Mills, only bigger. Or similar to the crime ridden Slot Barn called SugarHouse?

Although the tribe could ultimately prevail in its fight, it is yet another battle that must be waged as the Wampanoags assert their rights for a casino.


The tribe already faces a U.S. Supreme Court ruling last year that effectively prevents any tribe recognized by the federal government after 1934 from putting land into trust. While the decision is related to the Narragansett in Rhode Island, it affects any tribe recognized in modern times, including the Mashpee Wampanoag.

You got this totally wrong!

There are a number of major court decisions and statutes that pertain, rather than presenting a legal brief, allow for the Hawaii decision.

SCOTUS and Hawaii Being Ignored

Within weeks of the 8-1 Carcieri v Salazar decision, a second
strike on fee to trust was issued. This time it came from a case
originating in the state of Hawaii. In the 9-0 decision on Hawaii
v. the Office of Hawaiian Affairs. Justice Alito wrote, "It would
raise grave constitutional concerns" Congress sought to "cloud
Hawaii's title to its sovereign lands" after it had joined the
Union. "We have emphasized that Congress cannot, after
statehood reserve or convey....lands that have already been
bestowed upon a state". How many readers of this paper could
be effected by issues concerning land that has been "bestowed
upon a state"; as an original colony, through disestablished
territory or when the territory entered into statehood?

I remember when Glenn Marshall told us it was INEVITABLE and THOSE SHOVELS WOULD BE IN THE GROUND ......


Without land in trust, the Wampanoag cannot secure property big enough off-Cape to build a casino. There are legislative efforts in Washington to allow tribes to put land in trust, but in the meantime the Wampanoag are stalled.

The Application the Mashpee Wampanoags submitted to the BIA includes land in Mashpee and Middleboro. Have you read?

How much more clear could that be?

The Mashpee Wampanoags envision 3 'slot barns' - Mashpee, Middleboro and Fall River.

While the Cape Cod Times may suffer under some illusion that the Tribe has an agreement with the Town of Mashpee that successfully immunizes the Cape from this issue, was it ever approved by Congress?

Included here: Silly Season gets even sillier

Amelia Bingham said she isn't likely to appeal the ruling. She said it's time for the tribe to assert its rights.

"We've opened the door part way. We have all the documents necessary," she said. "It's time for the so-called leaders of our tribe to take some action."

Might that clearly reveal the intent of the Mashpee Wampanoag Tribe to resurrect their land claim - the one that held land transactions hostage for so long?

Wasn't that also included in the 'Agreement' the Town of Mashpee wrongly believes it holds with the Tribe?

Meanwhile, state lawmakers have failed twice on casino legislation. First, Gov. Patrick's proposal for three resort-style casinos got no traction in the House and Senate. Then, the governor returned the favor, refusing to support the long-awaited compromise bill from lawmakers because it included provisions for two "racinos," slot parlors at racing tracks.

The Wampanoag weren't too pleased with the Senate version of the bill, anyway. Unlike the governor's original proposal, it did not include a preference for a Native American casino.

Such an omission unnecessarily put the tribe at odds with the state and could lead to more gambling facilities than can be reasonably accommodated in the Bay State because the Wampanoag and the commonwealth could pursue separate casino ventures.

Already, as no deals are getting done here, casinos are popping up around Massachusetts. That means more competition, mostly from other tribes, which will make it harder to guarantee a return on the investment.

Back in Fall River, the legal action is also bad news for Mayor Will Flanagan, who wooed the Wampanoag from their previous casino site in Middleboro.

Is that what happened? Or might it have anything to do with the infrastructure cost that made the project unfeasible? Or maybe to the loss of the Tribe's first investors? Or that the Tribe really has no historical ties to Middleboro (nor to Fall River)? Or that the land in Middleboro sits atop a regional aquifer, inter alia, and trust land would be exempt from environmental regulations? The only community the Mashpee Wampanoags included in their application for recognition was Mashpee. So maybe that's the only community in which they should erect a Slot Barn.

Flanagan sees a gaming facility is a turnkey jobs bill because hundreds of workers would be needed for the game rooms, hotel, restaurants and other facilities that would be part of the complex.

Have you asked the Mayor what is included in the IGA (InterGovernmental Agreement) between the Tribe and the City? Where are the provisions for revenue to the City? Is the City even going to get real estate taxes?

In a city that has among the highest unemployment in the state, jobs are a powerful draw, which is why Flanagan moved away from the idea of a Biotechnology Park in the northern part of the city and instead opted to attract the tribe.

In Illinois: The Odyssey of Self-Destruction, there is a recognition that just the 'approval' process requires time. That ignores that Beacon Hill requires the appropriate length of time to create the Bloated Regulatory Bureaucracy, undoubtedly filled with patronage jobs much like the Probation Dept.


Then came the lawsuit seeking to block the deal. A group of 10 taxpayers argued the property should have been put out to bid, and they contend the 2002 Bioreserve Act blocks the use of the land for a casino.

Flanagan and others say that's an easy fix, but it certainly is a hurdle at the moment. And in the Wampanoag's on-again, off-again quest to have a casino, it is an unwelcome development, to be sure.

It's a shame to see this many obstacles to the Wampanoag's plans. While gaming is far from the only reason for a tribe to be federally recognized, it is one of the advantages, and so far the Mashpee Wampanoag have been unable to realize that advantage.

And when Mashpee finds itself host to a Slot Barn, you'll say what?

As we enter 2011, there could be more bad news on the horizon. If the Legislature thought they would get racinos because Gov. Patrick would not be re-elected and therefore they should wait out the debate until the new year, well, the gamble didn't pay off. The governor was re-elected, and they will have to work with him if casinos are to be legalized in Massachusetts.

Meanwhile, we hope all parties remember to have a seat at the table for the Wampanoag. The cold streak has to turn sooner or later.

Why?