Indian Gaming

Kate Cook, the chief legal counsel for Gov. Deval Patrick (D) says the Aquinnah Wampanoag Tribe gave up its right to engage in gaming under the Massachusetts Indian Land Claims Settlement Act:

The Aquinnah Tribe made a sovereign commitment in a 1983 settlement agreement to comply with state laws, including those related to gaming, waiving their right to gaming on tribal lands under federal law. That agreement was ratified by an act of the state Legislature and of Congress, and has been settled state and federal policy for 30 years. A federal agency now purports to change that. The Commonwealth’s lawsuit is to resolve that question.

The real confusion lies with the false symmetry Vennochi suggests between the Aquinnah Tribe and the Mashpee Wampanoag Tribe in Taunton. Unlike the Aquinnah, the Mashpee have no waiver agreement with the Commonwealth. The Aquinnah believe their waiver is not binding. That question will now be resolved in court.

Get the Story:
Kate Cook: State suit aims to resolve tribe’s gaming rights (The Boston Globe 12/9)

Relevant Documents:
Solicitor Letter to Aquinnah Wampanoag Tribe (August 23, 2013)
NIGC Letter to Aquinnah Wampanoag Tribe (October 25, 2013)
Press Release: GSB Client Aquinnah Wampanoag to be First to Game in Massachusetts (November 12, 2013)

Related Stories:
Column: Governor wrong on Aquinnah Wampanoag Tribe casino (12/5)