BOSTON – The town of Aquinnah and an association that represents taxpayers in the tiny island town are being allowed as parties to a lawsuit between Gov. Deval Patrick and the Wampanoag Tribe of Gay Head (Aquinnah) over casino rights.
At a hearing Wednesday in U.S. District Court, Judge F. Dennis Saylor IV ruled that the town and the Aquinnah/Gay Head Community Association could join the suit to protect their rights.
In December, Patrick sued the tribe in state court in an attempt to block a proposed high-stakes bingo hall in the tribe’s unfinished community center on Martha’s Vineyard. The suit alleged a breach of the tribe’s agreement with the state and town reached in 1983 and codified by Congress in 1987.
But, in July, Saylor ruled on the tribe’s behalf that the matter belongs in federal court because the issue at hand is whether the Aquinnah have any rights under the federal Indian Gaming Regulatory Act. That federal law allows tribes with reservation land to offer the types of gambling that are legal in their home states on tribal property.
The tribe insists it is entitled to those rights, but the town, the taxpayers association and the state contend that the Wampanoag tribe is bound by the settlement agreement, which forbids gambling and requires the tribe to abide by state and local laws. They contend the tribe has waived its rights to an Indian casino on the island.
Allowing the town to enter the suit was an easy decision. The tribe dropped its objection, citing a likely separate lawsuit by the town that would ultimately wind up joined to the governor’s suit.
Scott Crowell, the lead attorney for the tribe, said that while the tribe disagrees with much of the town’s analysis, it would drop its objection “in the interest of judicial economy” and to avoid further delays.
Ronald Rappaport, a Vineyard-based attorney, represented the town at the hearing.
More complicated for Saylor was whether the association, which is not a government agency, would be allowed to join the suit. Ultimately, Saylor decided that as a party to the settlement agreement, the association has an interest in the outcome of this case that won’t necessarily be adequately addressed by the state or town.
Crowell objected to the association’s role, saying it has “no jurisdiction over any lands, let alone tribal lands.”
Felicia Ellsworth, the attorney representing the property owners, argued it would be more efficient to include them in the suit because they would also likely file a separate complaint otherwise.
“It’s possible that private landowners will have a very different interest than the government bodies in the future,” Saylor said in allowing the association to join the suit. The ruling on the motions has nothing to do with the merits of the case, he said.
The state is represented by Juliana Rice, an assistant in Attorney General Martha Coakley’s office. The state offered no objection to either the town or association being a party to the suit.
After the hearing, tribal council Chairman Tobias Vanderhoop said intervention by the town and the association was expected, but he also expects the tribe to be able to vigorously defend its rights. “Our rights exist, they continue to exist and we’ll continue to move forward, he said.
Cheryl Andrews-Maltais, the tribe’s former leader and chairwoman of the Aquinnah Wampanoag Gaming Corp., said work continued on the proposed project.
Both defended the location as one that will attract visitors, pointing out that Martha’s Vineyard is a summer playground for presidents and celebrities. “The people come,” Vanderhoop said.
Critics have questioned whether gamblers will travel to the remote location, more than a 45-minute drive from ferry terminals, to play.
“We’re another entertainment venue,” Andrews-Maltais said. “They’re coming, so we’re another option for their discretionary dollars.”
Saylor set an ambitious schedule for the court proceedings – calling for motions to dismiss by later this month and motions for summary judgment by mid-November. He asked the state, town and taxpayers group to work together on legal briefs to cut down on paperwork.
A status hearing is scheduled for Sept. 5.
Follow George Brennan on Twitter: @gpb227.
At a hearing Wednesday in U.S. District Court, Judge F. Dennis Saylor IV ruled that the town and the Aquinnah/Gay Head Community Association could join the suit to protect their rights.
In December, Patrick sued the tribe in state court in an attempt to block a proposed high-stakes bingo hall in the tribe’s unfinished community center on Martha’s Vineyard. The suit alleged a breach of the tribe’s agreement with the state and town reached in 1983 and codified by Congress in 1987.
But, in July, Saylor ruled on the tribe’s behalf that the matter belongs in federal court because the issue at hand is whether the Aquinnah have any rights under the federal Indian Gaming Regulatory Act. That federal law allows tribes with reservation land to offer the types of gambling that are legal in their home states on tribal property.
The tribe insists it is entitled to those rights, but the town, the taxpayers association and the state contend that the Wampanoag tribe is bound by the settlement agreement, which forbids gambling and requires the tribe to abide by state and local laws. They contend the tribe has waived its rights to an Indian casino on the island.
Allowing the town to enter the suit was an easy decision. The tribe dropped its objection, citing a likely separate lawsuit by the town that would ultimately wind up joined to the governor’s suit.
Scott Crowell, the lead attorney for the tribe, said that while the tribe disagrees with much of the town’s analysis, it would drop its objection “in the interest of judicial economy” and to avoid further delays.
Ronald Rappaport, a Vineyard-based attorney, represented the town at the hearing.
More complicated for Saylor was whether the association, which is not a government agency, would be allowed to join the suit. Ultimately, Saylor decided that as a party to the settlement agreement, the association has an interest in the outcome of this case that won’t necessarily be adequately addressed by the state or town.
Crowell objected to the association’s role, saying it has “no jurisdiction over any lands, let alone tribal lands.”
Felicia Ellsworth, the attorney representing the property owners, argued it would be more efficient to include them in the suit because they would also likely file a separate complaint otherwise.
“It’s possible that private landowners will have a very different interest than the government bodies in the future,” Saylor said in allowing the association to join the suit. The ruling on the motions has nothing to do with the merits of the case, he said.
The state is represented by Juliana Rice, an assistant in Attorney General Martha Coakley’s office. The state offered no objection to either the town or association being a party to the suit.
After the hearing, tribal council Chairman Tobias Vanderhoop said intervention by the town and the association was expected, but he also expects the tribe to be able to vigorously defend its rights. “Our rights exist, they continue to exist and we’ll continue to move forward, he said.
Cheryl Andrews-Maltais, the tribe’s former leader and chairwoman of the Aquinnah Wampanoag Gaming Corp., said work continued on the proposed project.
Both defended the location as one that will attract visitors, pointing out that Martha’s Vineyard is a summer playground for presidents and celebrities. “The people come,” Vanderhoop said.
Critics have questioned whether gamblers will travel to the remote location, more than a 45-minute drive from ferry terminals, to play.
“We’re another entertainment venue,” Andrews-Maltais said. “They’re coming, so we’re another option for their discretionary dollars.”
Saylor set an ambitious schedule for the court proceedings – calling for motions to dismiss by later this month and motions for summary judgment by mid-November. He asked the state, town and taxpayers group to work together on legal briefs to cut down on paperwork.
A status hearing is scheduled for Sept. 5.
Follow George Brennan on Twitter: @gpb227.
Posts
No comments:
Post a Comment