NETimeGambling continues to follow the casino expansion on Martha’s Vineyard, MA. NETG reported on Martha’s Vineyard Aquinnah Tribe Casino two years ago. Now, in 2019, some things have changed – some remain the same.
The Wampanoag Tribe of Gay Head (Aquinnah) are asking a U.S. District Court for a stay in last month’s ruling by Judge Dennis Saylor. In brief, Judge Saylor ruled the tribe must comply with the local zoning and permitting laws of Martha’s Vineyard Commission (MVC). Incidentally, the casino project site is on tribal land. Attorneys for the tribe filed extensive documentation. Thy showed the building codes required by the Federal Indian Gaming Act are equal or exceed local requirements. Therefore, a stay is justified while the case is appealed to the U.S. Court of Appeals First Circuit. The Aquinnah will resume construction of their casino if a stay is granted.
Related Post – Aquinnah Cliffs Casino Project on Martha’s Vineyard
Here is our previous post:
Earlier in July of 2015, Aquinnah Wampanoag Tribe of Gay Head tribal officials made an important announcement. They reported a plan to convert an unfinished community center on the island into a gambling venue. Let’s be real, this is not a world-class casino proposal. The building spreads over 6,500 square feet and is located on Aquinnah Wampanoag reservation. Their intention is to build a Class II Bingo hall. For the most part, visitors will not be flocking from across the country to visit this casino. For the most part, vacationers and residents will visit this Class II casino.
The tribe stopped construction of the building located on Martha’s Vineyard for two reasons. First, the tribe started construction work without acquiring the necessary building permit. Therefore, a casino venue is prohibited under certain zoning restrictions.
According to local officials, the tribe forfeited its right to offer gaming on their land. In 1983, they signed a land settlement agreement that subjects them to state and local laws.
Pride & Prejudice
In order to prevent the tribe from proceeding with its plan, Aquinnah officials had filed an injunction to the U.S. District Court. Scott D. Crowell, lawyer for the Aquinnah Wampanoag disagreed. He argues that authorities’ have limited jurisdiction over the tribe. He cited the 1988 Indian Gaming Regulatory Act, (five years after the initial land settlement agreement). It stipulates that “the tribe has the right to run a gambling property on reservation land and it cannot be denied that right or at least not by the town.” In other words, they cannot ban the project.
Is New England anti-Native American? Native Tribes across the country are raising the quality of life for their communities. Yet, some New England communities seem intent on disapproving any success for tribal communities. Whether it be the tribes of northern Maine, the Shaticokes in CT or both Wampanoag tribes in MA, a suspicious underlying prejudice seems looming.
Martha’s Vineyard Aquinnah Tribe Casino – changes in the Wind
According to NECN, that gambling hall on Martha’s Vineyard gained a second life. New hope appeared again after a federal appeals court reversed a lower court decision blocking the long-sought project.
“The decision made public Tuesday ruled the Aquinnah Wampanoag tribe exercises sufficient government powers on its lands to be considered a sovereign tribal nation that can conduct limited gambling under federal law without seeking local approvals. ……Supporters within the tribe have countered that casino revenues would allow their government to offer more critical services, since the majority of its citizens live off island.