Aquinnah seeks regional oversight of Wampanoag gaming facility

By Ethan Genter
Posted Feb 5, 2019

Board asks land-use agency to step in as plans for tribal bingo hall remain unclear.

AQUINNAH — The Aquinnah Board of Selectmen has asked the Martha’s Vineyard Commission to step in and oversee Wampanoag Tribe of Gay Head’s plans for a bingo hall facility on the west end of the island.

The town and state have fought against the hall, arguing that it violates state and local regulations, and brought a lawsuit all the way to the U.S. Supreme Court. The high court declined to hear the case, leaving intact a federal appeals court decision in favor of the tribe’s right to have a gaming facility under the 1988 federal Indian Gaming Regulatory Act.

But Aquinnah officials maintain that more local approvals are needed.

“As you will see, other than seeking a beer and wine permit from the Town, the Tribe has stated that they will not seek any other permits from the Town or from the Martha’s Vineyard Commission,” the board wrote in a letter to Adam Turner, the commission’s executive director, last month. “It is the Town’s position that local and MVC permits are required for this facility. As you are aware, the MVC has jurisdiction over these lands pursuant to its Enabling Act.

“In our view, there has never been a proposed development contemplated in Aquinnah that could have more potential regional impacts than this proposed gaming facility.”

The Martha’s Vineyard Commission is a regional agency that oversees land-use planning and regulates certain development on the island.

The tribe announced a partnership with the Chickasaw Nation’s hospitality enterprise, Global Gaming Solutions, in August, but otherwise public details on the bingo hall have been scarce since the Supreme Court’s decision in January 2018 not to take the case.

Before its letter to the commission, the selectmen wrote to Cheryl Andrews-Maltais, tribal council chairwoman, to confirm details of the gaming facility.

The board wrote that its understanding was that the facility would be on the former property of John Wiener on State Road and would be about 10,000 square feet with about 250 gaming machines. The facility would be serviced by food trucks, the selectmen wrote, but there were no details on hours of operation, parking, use projections and bathrooms.

“Could you kindly confirm that the above is accurate,” the board wrote, asking for a response by Jan. 15.

“We are still in the planning stages but appreciate the open dialogue we had with (Selectman) Jim Newman and (Town Counsel) Ron Rappaport, and we look forward to continuing that conversation,” Andrews-Maltais wrote in response to the board Jan. 18.

She asked for possible dates to meet with board members but wrote that the tribe believes that Selectman Juli Vanderhoop, another tribe member, should recuse herself from any decisions regarding the tribe or its interests because she is involved in a legal dispute with the tribe over a breach of commercial lease.

“Given her conflicting interest, the Tribe does not believe it is appropriate to discuss this or any other Tribal matter with her,” Andrews-Maltais wrote. “We request that the Town look into whether she should be recused under the circumstances.”

Andrews-Maltais, Turner and Newman did not respond to requests for comment Tuesday. Aquinnah Town Administrator Jeffrey Madison said a meeting between the board and the tribe has not been set up.

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https://www.capecodtimes.com/news/20190205/aquinnah-seeks-regional-oversight-of-wampanoag-gaming-facility

High court declines to hear Aquinnah gaming case

By Ethan Genter
Posted Jan 8, 2018

Decision clears way for Wampanoag bingo hall.

WASHINGTON — The U.S. Supreme Court has declined to take up a case against the Wampanoag Tribe of Gay Head (Aquinnah)’s planned bingo hall in that island town, clearing the way for the gaming center to go forward.

In a post on its website Monday, the court included the case, brought forward by the town, state and a taxpayers group, on the list of cases it would not hear.

At the center of the case is whether an agreement between the state and tribe is superseded by the 1988 federal Indian Gaming Regulatory Act.

The town and state have argued that the tribe waived its rights to a casino in 1983, when the state and tribe agreed to a land settlement of about 485 acres in Aquinnah. In that land deal, the tribe agreed to abide by state and local zoning laws.

The tribe contends that because it is federally recognized, it should be allowed under the regulatory act to have certain types of gambling on land it controls. It also has maintained that the federal act overrides the land agreement.

The Supreme Court’s decision not to hear the case leaves the 1st U.S. Circuit Court of Appeals’ 2017 ruling in favor of the tribe over the town, state and group intact.

It is rare for a case to make it before the highest court in the country, with about 1 percent of the 8,000 or so petitions it receives each term granted a hearing.

“We’re not surprised at the outcome,” said Larry Hohlt, president of the Aquinnah/Gay Head Community Association. “It’s a formidable task for any case to be taken by the Supreme Court.”

James Newman, chairman of the Aquinnah Board of Selectmen, declined to comment on the court’s decision, saying he had not met with the board or town counsel. The board is scheduled to meet in executive session at 5 p.m. Wednesday and will likely talk to the public after that meeting, he said.

The tribe plans to convert its community center into a 9,000-square-foot Class II gaming facility, a category that allows electronic and traditional bingo. Town officials have previously said that Aquinnah, the smallest town on the island, does not have the infrastructure to support such a facility.

Tribe Chairwoman Cheryl Andrews-Maltais did not respond to a request for comment.

http://www.capecodtimes.com/news/20180108/high-court-declines-to-hear-aquinnah-gaming-case

Martha's Vineyard Aquinnah Tribal Bingo Parlor

Wampanoag Tribe pushes casino case to the U.S. Court of Appeals

The federal government has sided with the tribe, keeping the issue alive.

By

 Bill Chaisson

 -

Dec 21, 2016

TThe campaign for a casino by the Wampanoag Tribe of Gay Head (Aquinnah) has been given new life. According to an email to The Times from tribe attorney Scott Crowell, the tribe successfully argued its case to build a Class II casino on Dec. 6 at the U.S. Court of Appeals, First Circuit, in Boston.

Attorney Ron Rappaport argued for the Town of Aquinnah, which opposes the casino. The case moved on to the higher court after the federal government declared its support of the Wampanoag effort to build the casino in June. In a brief filed Friday, June 3, in the U.S. Court of Appeals for the First Circuit, Justice Department lawyers successfully argued that the Indian Gaming Regulatory Act (IGRA) “implicitly repealed” the Settlement Act that has checked the tribe’s gaming ambitions for almost three decades (June 8, “Obama administration sides with Wampanoag tribe in casino appeal”).

“We are very confident that the judges will come to a favorable conclusion for the tribe,” Tobias Vanderhoop wrote in a Dec. 14 email to The Times. “During the oral argument at the First Circuit Court of Appeals, attorney Crowell was very effective in both showing that our tribal government exercises governmental power and that the Indian Gaming Regulatory Act [IGRA] applies to the tribe.”

The Wampanoag Tribe of Gay Head (Aquinnah) plans to house the gambling facility in its uncompleted community center. Last December, the U.S. Department of Housing and Urban Development (HUD) set a date of Sept. 1 for the tribe to complete construction on the community center or face the possibility of refunding all or a portion of two Indian Community Development Block Grants (ICDBG). The deadline passed with the building still not complete, but HUD backed off as long as work proceeds to finish the building.

“As for any speculation about our building, as of today our community center is nearly complete, and we look forward to making it available for the use of our tribal family. It is important for everyone to understand that the core issue for the tribe is the acknowledgement of federal Indian rights that belong to our government. Once our rights have been upheld, it is up to the tribal body to decide if, when, and where we exercise those rights.”

The community center was begun in 2004. The construction was funded with Indian Community Development Block Grants administered by the U.S. Department of Housing and Urban Development (HUD).

The land settlement agreement of 1983 (ratified by Congress in 1987) between the tribe and the Town of Aquinnah bound the tribe to follow local and state laws. Aquinnah zoning laws do not accommodate a gambling casino.

The commonwealth of Massachusetts negotiated a compact in 2013 with the Mashpee Wampanoag to operate a Class III casino in Taunton, after rejecting a similar effort by the Aquinnah Wampanoag in 2012. The Aquinnah tribe maintains that it needs only federal approval from the National Indian Gaming Commission, which it received in November 2013, to open a Class II casino on the Island. The tribal leaders have been talking about building a casino on Martha’s Vineyard with or without state approval since 2010.

A Class II casino includes only bingo, while Class III casinos feature traditional casino games, such as banking-card games like baccarat and blackjack, roulette, craps, and slot machines. According to Indian Country Media Network, Class I is rarely discussed, as it only includes traditional games associated with powwows and tribal ceremonies. The classes were established as part of the IGRA.

The Aquinnah Wampanoag maintain they could not have given up the right to establish a casino at their Martha’s Vineyard reservation in 1983 because they didn’t have the right to build one in 1983. In 1988 the IGRA gave tribes the right to open casinos on tribal land in states where gambling is legal. Casino gambling became legal in Massachusetts in November 2011.

The act of Congress that resulted from the 1983 land settlement agreement was amended in 1987, according to Mr. Rappaport, town counsel for Aquinnah, to make clear that gambling would be subject to state regulations. This amendment was made after the filing, and ahead of the passage of the IGRA.

A year ago, U.S. District Court Judge J. Dennis Saylor IV ruled that in addition to being subject to state and local regulation of gambling, the Wampanoag Tribe of Gay Head (Aquinnah) did not have “sufficient governmental control” over its reservation to manage a casino. Mr. Rappaport explained that this referred to the tribe’s lack of police (they have only conservation rangers), ambulance service, firefighting staff, or any jurisdiction over the behavior of nontribe members on tribal property. Should anything go wrong at the casino, the Town of Aquinnah was neither willing nor able to assume those responsibilities.

After Judge Saylor reached his verdict last November, tribe attorney Scott Crowell stated that there were “several material errors” in the District Court decision. Judge Saylor refused to reconsider his decision (Dec. 23, 2015, “Federal judge denies Wampanoag Tribe’s request to review casino decision”), and Mr. Crowell took the case to the U.S. Court of Appeals, First Circuit.

In his recent email, Mr. Crowell wrote, “The tribe hopes to have a decision early next spring, but there is no hard timeline for the Appeals Court to issue its rulings.”

http://www.mvtimes.com/2016/12/21/wampanoag-tribe-pushes-casino-case-u-s-court-appeals/

Judge upholds ban on Vineyard casino

By George Brennan
gbrennan@capecodonline.com

Posted Dec. 24, 2015 at 8:02 AM
 

A federal judge has upheld his ban on a bingo-style slot parlor on Martha’s Vineyard for the Wampanoag Tribe of Gay Head (Aquinnah).

In a one-sentence decision filed Wednesday, U.S. District Court Judge Dennis Saylor IV wrote, “After careful consideration and review, the motion of defendants and counter-claim plaintiffs is denied.”

Tribe attorneys had asked Saylor to reconsider his Nov. 13 decision.

The tribe is now expected to appeal to the First District Court of Appeals.

In 2013, the state filed suit attempting to block the use of a community center on the tribe’s island land for a Class II casino. The suit was moved to federal court and considered under the federal Indian Gaming Regulatory Act.

The state and Town of Aquinnah claim a land settlement between them and the tribe prohibits casino gambling on Martha’s Vineyard land controlled by the tribe. The tribe counters that Indian law gives all federally-recognized tribes the ability to offer gambling and trumps any settlement agreements.

Wednesday’s ruling comes two weeks after lawyers for the tribe filed a motion asking Saylor to reconsider his decision based on new information surrounding two tribes in Texas that have been authorized by the National Indian Gaming Commission to offer Class II casinos on their lands.

It was considered a long shot to ask Saylor to overturn his own ruling, but was considered a way to expedite the process which has already been long and arduous.

It also comes as support among tribe members is waning. Several votes have been taken by the tribe to use the community center as a gambling facility and have passed, but the most recent vote taken in August ended in a tie. As a result, tribe leaders pushed forward with the legal battle.

In his initial decision granting summary judgment, Saylor ruled the tribe has shown insufficient evidence that it had the right to exercise governmental power over settlement lands.

http://www.capecodtimes.com/article/20151224/NEWS/151229695 

NO to Martha's Vineyard Bingo Hall FOR NOW!

Federal judge denies Vineyard tribe's bingo hall plan

The Wampanoag Tribe of Gay Head (Aquinnah) have lost the latest battle over whether it can move forward with a bingo hall on Martha's Vineyard.




The Wampanoag Tribe of Gay Head (Aquinnah) wants to turn this unfinished tribal community center into a bingo hall.(AP Photo/Philip Marcelo, File)

By Ethan Genter


AQUINNAH — The Wampanoag Tribe of Gay Head (Aquinnah) have lost the latest battle over whether it can move forward with a bingo hall on Martha's Vineyard.

A federal judge ruled Friday that the tribe had not shown sufficient evidence it had the right to exercise “governmental power” over settlement lands, and therefore must follow state and town rules. The tribe has asserted that since they are a federally recognized tribe, it should be allowed to have certain types of gambling on tribe-controlled land under the Indian Gaming Regulatory Act.

In his ruling, U.S. District Judge Dennis Saylor IV wrote that federal law does not apply to settlement land, which the town, the Taxpayer’s Association of Gay Head Inc., and tribe agreed on in 1983. In the agreement, the tribe took control of 485 acres of land, and relinquished all claims to other lands and waters in the state.

“The Tribe agreed that the Settlement Lands would be ‘subject to all Federal, State, and local laws, including Town zoning laws,’” according to the statement of facts in Taylor’s 40-page decision.

“Accordingly, the tribe cannot build a gaming facility on the Settlement Lands without complying with the laws and regulations of the Commonwealth and the Town,” he wrote in his conclusion.

The 6,200-square-foot community center the tribe planned to convert into a gambling facility is owned by the tribe, but is under the control of the Aquinnah Wampanoag Gaming Corp., corporation representative Cheryl Andrews-Maltais told the Times in past interviews. Andrews-Maltais was not immediately available for comment Friday night.

Court administrator for Aquinnah Wampanoag Tribal Court Michael Blanton said he hadn't heard about the decision before being told by a Times reporter Friday, but called the news “very disappointing.”

The idea of gambling on the island has divided the tribe. In August, a resolution was put before tribal members asking if they wished to continue with the bingo hall plans. The vote was 110 in favor and 110 against.

According to Saylor’s order, in 1986 the president of the Wampanoag Tribal Council testified before Congress that: “We recognize and accept that no gaming on our lands is now or will be in the future possible.”

But the gambling hall is a way to close the economic gap experienced by the tribe, Andrews-Maltais has said.

“This is the only way that we feel we can close the gap between the haves and the have-nots,” she told the Associated Press in August. “It's time for folks to begin looking at our resources as shared resources.”

The tribe is expected to appeal Saylor’s decision, which the judge wrote was based on “two fairly narrow issues: whether the Indian Gaming Regulatory Act applies to the land in question and whether the tribe exercises jurisdiction and governmental power over the land, and second, whether the law overrides an earlier law.

“Whether an Indian Tribe should be permitted to operate a casino on Martha’s Vineyard is a matter of considerable public interest, and the question touches upon a variety of complex and significant policy issues,” he wrote.

But the lawsuit was neither about legalized gambling, nor development on the island, Saylor wrote.

“The role of the Court here is a narrow one, and it expresses no opinion of any kind about the broader issues underlying the dispute,” he wrote.


http://www.capecodtimes.com/article/20151113/NEWS/151119690

Federal judge issues ruling against tribal casino on Martha's Vineyard

Federal judge issues ruling against tribal casino on Martha's Vineyard

The Boston Globe

A federal judge on Friday rejected a bid by the Aquinnah Wampanoag Indiansto open a casino on Martha's Vineyard, saying the tribe's failure to ...

US judge denies tribe the right to open casino on Martha's Vineyard - The Boston Globe

Casino Plan for Martha's Vineyard Blocked by Judge - Wall Street Journal

Full Coverage

• Federal judge in Boston enjoined tribe from construction work on casino 
• in Aquinnah. Arguments on the main case will be heard August 12.
• Maria Thibodeau

NEWS

Federal Judge Allows 

Injunction, 

Temporarily Halting 

Work on Aquinnah 

Casino

John H. Kennedy

Tuesday, July 28, 2015

A federal judge today enjoined the Wampanoag Tribe of Gay Head (Aquinnah) from any construction activity on a planned gambling facility.

After a 50-minute hearing in Boston, U.S. District Court Judge F. Dennis Saylor 4th ruled that the town of Aquinnah had met its legal burden to gain a preliminary injunction.

While the judge said the town had prevailed, he was also careful to say his decision should not be interpreted as an indication of how he will rule on the underlying case — whether the tribe can build a class II casino on its land in Aquinnah. That issue will be argued before the judge on August 12.

Judge Saylor did indicate that even if he eventually rules that the tribe is legally entitled to build a casino, “it’s going to have to acquire a building permit” from the town.

Tribal leaders who attended the hearing, held in the federal courthouse in Boston Tuesday afternoon, expressed disappointment in the ruling but said they were confident that ultimately their bid to build the casino will be successful.

“We’re looking forward to arguments on the merits of the case,” said Cheryl Andrews Maltais, who heads the tribal gaming corporation. “We’re going to stay focused on that.”

Tribal chairman Tobias Vanderhoop said he feels “our argument is strong. Once everything is heard, we will prevail.”

The town sought the federal court order to preserve the status quo until Judge Saylor could rule on the overarching issue in the federal lawsuit pitting the town, the state and a community group against the tribe.

The town had sought the preliminary injunction, arguing that the tribe doesn’t have the unilateral right to reject town oversight while the judge is considering the issue.

“Until this court declares otherwise, the status quo is that the tribe must comply with town zoning and land-use laws, and this status quo be maintained,” town counsel Ronald H. Rappaport said in a memorandum filed with the court.

Addressing a legal requirement to gain the court order, Mr. Rappaport said in court filings that failing to halt construction “will cause irreparable injury to the town, outweighing any possible injury to the tribal defendants” if a court order is issued.

That includes the tribe’s “decision to flout specific laws intended to protect public safety” through building inspections and the permitting process. The tribe has acknowledged it has no building inspector or health agent of its own, according to town’s motion.

Tribal leaders countered that they have the right to proceed with the casino project without state or local approval, and that every day lost because of a court order would deprive the tribe of revenue to support its health care, housing, social services and other vital programs.

In documents filed Monday, tribal leaders said they plan to have the building inspected by their own certified and licensed inspectors, to ensure the health and safety of patrons. The conversion work on the community center, said Mrs. Andrews-Maltais, would be performed to comply with tribal and federal standards, as well as those of the 2009 International Building Code.

Mr. Vanderhoop, the tribal chairman, said in a separate filing that tribe currently has no economic base and is almost entirely dependent on the federal government for support. It is his fiduciary duty as tribal chairman, he said, to explore revenue sources to benefit the membership.

“The development of a gaming operation is the best option we currently have to create a revenue stream outside of federal funding,” he said in the court filing.

The legal fight intensified early this month when Mr. Vanderhoop testified in a deposition in the case that the tribe did not need town and state approval. He and Mrs. Andrews-Maltais later told the Gazette that they planned for the facility to be open for business by the end of the year, if not sooner.

Town selectman then voted to issue a cease and desist letter, in part because using the building as a casino violates town zoning. The tribe rejected the letter’s directive, saying the Indian Gaming Regulatory Act of 1988 empowers it to operate a gaming facility in the tribal building, regardless of state and local bans.

Since then, the casino project has been a lightning rod for opponents within the tribe, as well as those in Aquinnah and beyond.

In a petition drive, tribal members have gained enough signatures to force a vote on the class II facility at the tribe’s general membership meeting in August.

- See more at: http://vineyardgazette.com/news/2015/07/28/federal-judge-allows-injunction-temporarily-halting-work-aquinnah-casino?k=vg5648b93290a3c&r=1#sthash.ELDiBvdc.dpuf

There are Too Many Casinos in Massachusetts!

No Casino in Brockton 

After listening to casino mogul Neil Bluhm pressure the Massachusetts Gaming Commission to change its rules, you might have expected him to abandon his Brockton casino adventure when the commissioners refused.

But no. In the world of casino gambling, the promises and threats of big operators are subject to immediate and head-spinning change.

Instead of dropping the Brockton plan when the Commission rejected his plea to move ahead on his application without consideration of the rival casino bid from the Mashpee Wampanoag Indian tribe in Taunton, Bluhm’s Mass Gaming & Entertainment quickly filed a final application for the casino license in Region C.

http://massgaming.com/…/he-massachusetts-gaming-commission…/

UPDATE: MGC accepts final application for resort-casino license in Region C, publicly releases...

The Massachusetts Gaming Commission announces the acceptance of Mass Gaming & Entertainment’s final application in a two-phase application process toward the award of a resort-casino license in Region C (Southeastern Mass). The MGC has also now released public portions of the Phase 2 application. Le…

MASSGAMING.COM

There are Too Many Casinos in

Massachusetts!

Currently, there are SEVEN casinos planned for Massachusetts in the cities of Boston, Springfield, Plainville, Taunton, Brockton, Martha’s Vineyard and East Boston!

Recently, the Massachusetts Gaming Commission approved a casino license for Wynn Resorts in the Boston area, a casino license for MGM Resorts International in Springfield and a slots facility license for Penn National in Plainville. In addition, the Mashpee Wampanoag Tribe just received federal approval to build a casino in Taunton. Because the Wampanoags do not need state approval, this would be the third casino in Massachusetts.

Moreover, Mass Gaming & Entertainment has filed for a casino license in Brockton, the Aquinnah Wampanoag Tribe is seeking to build a casino on Martha’s Vineyard and a statewide ballot initiative has been filed for a casino in East Boston.

Therefore, we need your help to prevent too many casinos in Massachusetts!

http://toomanycasinos.com/

Tribe’s Plan for Martha’s Vineyard Casino Fails to Get Majority Vote

Referendum comes as judge is set to rule on whether gambling is allowed on island’s tribal lands; tribal chairman says issue might be put to a vote another year

The Aquinnah Wampanoag tribe had proposed adding electronic, bingo-style games to this unfinished community center on tribal lands on Martha’s Vineyard. PHOTO: JON KAMP/THE WALL STREET JOURNAL

Associated Press

Aug. 16, 2015 9:35 p.m. ET

A referendum that would have allowed members of the Aquinnah Wampanoag tribe to bring electronic, bingo-style games to an unfinished tribal community center on Martha’s Vineyard failed to win a two-thirds majority vote on Sunday.

Tribal chairman Tobias Vanderhoop said the vote was 110-110 with eight votes disqualified.

“The will of our citizens, based on the result of today’s vote, is that there will be no change to present course of the tribe,” Mr. Vanderhoop said in an emailed statement. He said the tribe’s constitution requires a two-thirds majority vote for referendums to pass and “this initiative did not attain the required number of votes to become binding on the Tribal Council.”

The voting came as the state, town and a local community association sued to block the project, arguing that a 1983 agreement granting the tribe nearly 500 acres on the famous resort island specifically prohibits gambling.

http://www.wsj.com/articles/tribes-plan-for-marthas-vineyard-casino-fails-to-get-majority-vote-1439775334

Tribe's Controversial Casino Plan Fails to Get Majority Vote - New York Times

Martha's Vineyard tribe voting on controversial casino plan - wwlp.com

Full Coverage

Future of tribe casino on Martha's Vineyard rests with judge

FILE - In this Aug. 4, 2014, file photo, the unfinished community center sits on the Aquinnah Wampanoag reservation in Aquinnah, Mass., on Martha's Vineyard. The tribe began work in July 2015 to convert the building into gaming hall. U.S. District Court Judge Dennis Saylor heard arguments Wednesday, Aug. 12, 2015, in the state's bid to block the tribe from opening a casino on the resort island. Lawyers argued that the tribe forfeited its gambling rights when it reached a settlement for tribal land on the island. But the tribe said federal law allows it to offer "high stakes" bingo-style games on the property. (AP Photo/Phil Marcelo, File) (Phil Marcelo)

Fate of tribal casino on Martha's Vineyard up to judge

By Philip Marcelo
Associated Press

Posted Aug. 13, 2015 at 11:15 PM 

BOSTON — An Indian tribe planning to build a casino on Martha's Vineyard doesn't exercise enough governmental oversight on its tribal land there to be allowed to operate a gambling hall, Massachusetts and other opponents of the plan argued in federal court Wednesday.

"The police force, the fire and ambulance service are all provided by the town, not the tribe," said Felicia Ellsworth, a lawyer for the Aquinnah/Gay Head Community Association, which has joined the state and the town of Aquinnah in a lawsuit seeking to block the project.

"The tribe doesn't have a school system, there's no taxing system, no health board, no criminal code, no prosecutor, no jail," she said.

But the Aquinnah Wampanoag tribe pushed back, saying it fills the positions of two tribal rangers and a harbormaster and provides housing, health care services and other programs for its approximately 1,200 members who live on Martha's Vineyard and the mainland.

"What you have here is a thriving tribal government that is looking to do more but is already doing far more than what's required," said John Duffy, the tribe's lawyer.

U.S. District Court Judge Dennis Saylor took the arguments under advisement and will issue a ruling.

The tribe started work on its proposed gambling hall last month, raising the ire of town officials, who complained that the tribe had not secured the proper permits. The town then sought — and received — a federal court order demanding the tribe stop constructing the hall until a decision is reached in the lawsuit.

The hearing also comes just days before the tribe is to hold a Sunday referendum on the proposal.

The tribe wants to build a gambling hall offering electronic, "high stakes" bingo-style games at the site of an unfinished tribal community center. They are not proposing to offer traditional casino table games, such as blackjack, craps and roulette.

The arguments in court pivoted around whether the tribe's plan fell under the federal Indian Gaming Regulatory Act, passed by Congress in 1988, which the tribe says allows it to offer bingo-style games on tribal lands.

But Assistant State Attorney General Juliana deHaan Rice argued that even if the federal law applied, it still would not override a land settlement reached between the tribe, state, town and a local community association.

http://www.providencejournal.com/article/20150813/NEWS/150819661





Future of tribe casino on Martha's Vineyard rests with judge

The Elkhart Truth

12, 2015, in the state's bid to block the tribe from opening a casino on the resort island. Lawyers argued that the tribe forfeited its gambling rights when ...

Federal judge in Boston delays decision in Martha's Vineyard casino case -World Casino Directory

Future of tribe's plan to open gambling hall on Martha's Vineyard rests with federal judge By Philip... - Turtle Island News

Full Coverage