Aquinnah officials called for a temporary restraining order that would prevent the Aquinnah Wampanoag Tribe of Gay Head from proceeding with the construction of a gambling venue on the Martha’s Vineyard island.
According to the town, the tribe needs to wait for a judge to decide as to whether it has the legal right to build a casino on the island. The state of Massachusetts, Aquinnah, and a local association had filed a lawsuit against the Aquinnah Wampanoag, challenging its plans. The issue will be reviewed by a federal judge on August 12.
Aquinnah officials said in the filing to the federal court that the state’s federally recognized tribe had decided to commence construction on the property more than a month before the scheduled hearing.
The tribe called the filing a “minor distraction” and said that its merits were questionable. Tensions between Aquinnah and the Aquinnah Wampanoag have been growing over the past several weeks. Tobias Vanderhoop, chairman of the tribe, said that work on the conversion of an unfinished community center into a gambling hall featuring bingo-style gaming machines would commence, despite the legal dispute.
Construction began on July 6 and the tribe did not wait for a permission from town officials, claiming that the property is located on tribal land. Following Mr. Vanderhoop’s announcement, a cease and desist order was issued by Aquinnah on July 6. However, the tribe said that it would not honor that one, too.
Tribal members believe that they have the right to run a gambling venue that features bingo options under a federal law. They have repeatedly pointed out that their casino, which is expected to open doors sometime this fall, would not offer table games or slot machines.
Under an agreement Massachusetts and the tribe signed in 1983, the 400 acres of land on Martha’s Vineyard the Aquinnah Wampanoag owns cannot be used for the provision of gambling options. However, tribal officials contend that a federal Indian Gaming Regulatory Act, which was introduced several years after the land deal, ousts both local and state laws.
Apart from its legal dispute with Massachusetts and the town of Aquinnah, the tribe is facing yet another hurdle. Some of its members, especially those that reside on Martha’s Vineyard, are opposing the construction of a casino there.
Mr. Vanderhoop confirmed that they are to hold a vote on August 16 after opponents of the project had managed to gather signatures for a petition. Last year, the proposal barely survived such vote.
