Flanagan opposes Legislature approval of Taunton casino compact
In this file photo from May 2010, Mashpee Wampanoag Tribal Chairman Cedric Cromwell, left, and Fall River Mayor Will Flanagan shake on their agreement to go forward on a casino in the city's north end. Now that Gov. Deval Patrick and the Mashpee have reached a compact agreement for a casino to be located in Taunton instead, Flanagan is openly advocating against the state Legislature approving the compact by the July 31 deadline.
Although he’s openly lobbying against the state Legislature approving a casino compact with the Mashpee Wampanoag Tribe by the July 31 deadline, Fall River Mayor Will Flanagan insists that he’s not hoping for the tribe’s pursuit of a casino in Taunton to implode.
“My argument is that it’s shutting the door on Fall River,” said Flanagan, who has made no secret of his desire to host a casino in his city. “I don’t want to see the Mashpee collapse. I don’t want to see Taunton collapse.”
Taunton Mayor Thomas Hoye Jr. said he firmly opposes Flanagan’s stance.
“I certainly respect his opinion, but I think it’s somewhat hypocritical considering the fact that they pursued the very same option Taunton has,” Hoye said. “I would hope the Legislature would see clear to pass this. This is an opportunity not just for the city of Taunton but for southeastern Massachusetts.”
Under state law, the Mashpees have exclusive rights to open a casino in southeastern Massachusetts if the state Legislature approves the tribal gaming compact by July 31 and other conditions are met. If the compact doesn’t pass before that deadline, then the Gaming Commission can solicit commercial bids for a casino in the region.
“I would ask that the Legislature not pass the compact prior to July 31, and if they were going to vote prior to July 31, I would ask that they vote no,” Flanagan said. “By approving the compact by July 31, they shut the door on other entities from applying to the Gaming Commission for a casino license.”
Although Flanagan supported the Mashpee Wampanoag Tribe’s failed efforts to put a casino in Fall River in 2010, he denied shifting his stance.
“That was under a different version of a gaming bill,” he said.
The current casino law was signed by Gov. Deval Patrick late last year.
Flanagan said Fall River and the Mashpee were discussing a “hybrid model” that would have begun with the tribe competing for a license and operating the casino as a commercial venture. The casino would have then become a tribal facility when and if the tribe got the necessary federal approval for land sovereignty.
Under the current law, he said he’d rather see the Legislature not take action on the compact until the next session, opening the door for commercial entities in the region to bid for a casino.
If Legislature passes compact
If the compact passes, the door isn’t necessarily shut for good on a commercial casino in the region.
To open a tribal casino under federal law, the Mashpee need to have the federal government take land into trust, granting them sovereignty over it.
If the Gaming Commission decides at any point after Aug. 1 that the Mashpee don’t have a reasonable chance of getting land taken in trust by the federal government, then the commission would have the authority to solicit commercial bids for a casino in Region C, southeastern Massachusetts. If that determination is made, but the tribe is able to get land taken into trust at a later date, it would still be free under federal law to build a casino in the region, which could oversaturate the market, according to some observers.
Flanagan contends that the free market system should decide whether the region could handle two casinos.
“To shut other applicants out is not equitable and is not being done anywhere else in Massachusetts,” Flanagan said. “The longer they allow them to have exclusive rights, the likelihood of a casino being built in Region C decreases.”
Southeastern Massachusetts, though, is the only region of the state that is home to a federally recognized American Indian tribe.
Mashpee legality
Many, including Flanagan, have also questioned whether the tribe can legally have land taken into trust due to a 2009 Supreme Court ruling that the government can hold land in trust only for tribes under federal jurisdiction before 1934. The Mashpee didn’t get official federal recognition until 2007, but some have speculated they may attempt to prove they were under federal jurisdiction prior to 1934.
A land application with the Bureau of Indian Affairs is pending.
State Rep. Paul Schmid, D-Westport, said he advocates finding a way to impose deadlines by which the Gaming Commission would need to open the process to commercial bids in Region C.
“I want to represent people in New Bedford and Fall River, he said during a meeting Thursday with the Gaming Commission chairman. “Their greatest concern is we never get a casino on the SouthCoast.”
While the Mashpee’s proposal is the only one in the state that has the approval of voters, the region could be the last in the commonwealth to get a casino because of the nuances of the state law and the lingering questions about the pursuit of land in trust.
“The region is being held, in effect, hostage by this compact,” said state Rep. Steven Howitt, R-Seekonk, who also attended the meeting this week.
Hoye said he’s encouraged by the progress toward a casino in Taunton.
“I find it ironic that everyone had the opportunity to pursue this avenue, but now that Taunton has emerged as the frontrunner, people are opposed to it,” he said. “I would hope that our legislative leaders would look upon this for what it is: economic opportunity for southeastern Massachusetts.”
Read more: http://www.heraldnews.com/news/x1425378498/Flanagan-opposes-Legislature-approval-of-Taunton-casino-compact#ixzz20hHUvuYE
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