Aquinnah selectmen met with town counsel Ron Rappaport to issue a letter to the Wampanoag Tribe of Gay Head (Aquinnah) regarding impacts of the proposed casino that could reach beyond the boundaries of the town.
The letter was sent in response to a Feb. 22 correspondence from the tribe outlining objections to the town’s referral of the casino project to the Martha’s Vineyard Commission (MVC) as a development of regional impact (DRI).
Selectmen entered executive session at the outset of the meeting with Rappaport to address possible litigation with the tribe.
The tribe requested in the letter that the town withdraw its referral to the MVC, referencing the decision of the First Circuit Court of Appeals to reverse a U.S. District Court determination that the tribe was unable to have a gaming facility without getting approval from the commonwealth.
“This issue has been litigated all the way to the United States Supreme Court, the tribe has prevailed, and this issue is now a matter of settled law,” chairwoman Cheryl Andrews-Maltais wrote in her letter to the town.
The letter from the town to the tribe states that the selectmen do not take issue with the tribe’s right to have a gaming facility on its land. “The board does believe, however, that the tribe’s gaming rights are not without limits, and that the tribe is required to engage with local and Island-wide planning authorities on issues peripheral to gaming functions, most importantly public safety and the regional impact of any proposed facility,” the letter reads.
Selectmen said in the letter that they are unclear as to which peripheral functions of the casino project are able to be regulated by the town, and which elements are considered to be integral to gaming.
Selectmen suggested the scope of retained local powers is nebulous, and should be cleared up through close collaboration between regulatory bodies.
In order to diminish possible impacts the facility could have on other areas across the Island, selectmen wrote that “all of us (the tribe, the town, and the MVC) should be meeting to discuss the proposed facility and what measures, if any, would be appropriate to mitigate the potential impacts that the facility could have.”
Selectmen wish to hear back from the tribe by March 13.
Andrews-Maltais wrote in the letter to the town that “it is now clear that the town’s recent engagement with the tribe for government-to-government dialogue regarding how to work collaboratively with the gaming facility project was disingenuous.”
But the letter from selectmen insisted that the town’s efforts to meet with the tribe have been in good faith, and its referral to the MVC was intended to create a broader public discussion.
Andrews-Maltais told The Times in an interview that no permissions are needed from any Island regulatory bodies to construct and operate the casino, although the tribe is still willing to share its plans.
“We said back at the beginning, even before the litigation started, we were willing to come to the table and share what our plans are, but we’re not asking permission because we don’t need to,” Andrews-Maltais told The Times.
According to a press release from the tribe, the goal of the casino is to create new jobs, support the local economy, and provide “a new and exciting entertainment venue to our Island.”
The Tribe shouldn’t trust an Aquinnah leadership that reeks of hostility.
My impression is the tribe expects to have business significant enough to effect Island infrastructure but feel they aren’t responsible for the cost. Discussion would be good, the Tribe should reconsider its stance.
I am very curious about this. Who is actually this tribe, meaning it is a dominate membership of Vineyard based Wampanoag members, or is it mostly off island members? Why did Jeffrey Madison, a former tribal leader, and current town manager, not support this endeavor? Is this ill conceived plan being promoted by off island members of the tribe so they can reap the profits and bring these profits off island? Maybe the State and MVC do not have jurisdiction within tribal boundaries, but surely the MVC has the right to review what impact this project has to the community at large, outside the tribal boundaries?
I’ve always thought tribes felt a connection to the land they lived on. Maybe it’s a regional thing, many tribes in the northeast do not have any problem sharing their land with thousands of gamblers. With this casino, I expect they are using the land as collateral with their business partner. What happens if the casino fails and the partner expects to be compensated? Do they forfeit collateral? Will they claim contracts they signed are unenforceable on tribal land? I suspect the federal trust won’t protect them on this.
Comments are closed.