Casino Stalker | Litigation | NIGC

State sues Aquinnah Wampanoag Tribe to block Class II casino

Tuesday, December 3, 2013

The state of Massachusetts sued the Aquinnah Wampanoag Tribe on Monday in hopes of blocking a Class II facility on the island of Martha's Vineyard.

The casino would be located on trust land. But the state claims the tribe must follow state law due to a provision in the Massachusetts Indian Land Claims Settlement Act.

"The Aquinnah tribe has taken actions to license, open, and operate gaming establishments on settlement lands in violation of Massachusetts and local law and in breach of the settlement agreement’s provisions,” the complaint reads.

The complaint was filed in state court, a venue that has been historically unfavorable to Indian interests. In 2004, the Massachusetts Supreme ruled that the tribe is subject to state law.

The National Indian Gaming Commission and the Solicitor at the Interior Department have confirmed the tribe's right to engage in gaming under the Indian Gaming Regulatory Act. The state is not suing either agency at this time.

Turtle Talk has posted the complaint in the case, Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah).

Get the Story:
State sues Aquinnah tribe over its island casino (The Cape Cod Times 12/3)
Governor Patrick Goes to Court to Block Wampanoag Casino on the Vineyard (The Martha's Vineyard Gazette 12/3)
Gov. Patrick flexes legal muscle to block casino plan on Martha's Vineyard (The Boston Business Journal 12/3)
Patrick files suit to block tribal gaming on Martha's Vineyard (State House News Service 12/3)
Governor sues to block Martha's Vineyard casino (AP 12/3)
State sues to block tribe’s Vineyard plan (The Boston Herald 12/3)
State files lawsuit to block Martha’s Vineyard casino (The Boston Globe 12/3)

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)