Just as quickly as an East Boston casino bid came and went, another Massachusetts gaming facility might be springing up off the coast of Cape Cod. The Wampanoag Tribe of Gay Head (Aquinnah), natives to Martha’s Vineyard, have expressed their desire to build a casino on tribal lands based on findings by the National Indian Gaming Commission (NIGC).

Cheryl Andrews-Maltais, Chairwoman of the tribe, released a statement today expressing her delight to convert what the Martha’s Vineyard Times calls a “long unfinished community center.”

The tribe has consistently asserted that we have the right to game on our lands in Aquinnah,” Andrews-Maltais said in a statement. “These approvals affirm our position. We are thrilled.”

Interestingly, the confirmation that the tribe may be eligible to build a Class II gaming facility came back in October when Indian Gaming Commission acting general counsel Eric Shepard sent Andrews-Maltais a letter (embedded below) explaining the tribe’s qualifications based on the status of the specified land.

As noted by the Times, Class II gaming includes “high stakes bingo, poker, pull-tab cards and associated electronic games that do not require coin slots” and is not regulated by the state as long as the state permits that type of gaming.

One roadblock facing the tribe, however, is Massachusetts Governor Deval Patrick who contests that the tribe is prohibited from building a casino under the terms of a 1983 land claims settlement with the town.

According to the Martha’s Vineyard Gazette, Aquinnah town counsel Ronald H. Rappaport agrees with Governor Patrick, telling the island’s tabloid “based on my preliminary review, nothing in that letter would change my opinion. Which is that gaming is not allowed on tribal lands under the terms of the 1983 settlement agreement, state enabling act and act of Congress ratifying the agreement.”

 

Aquinnah Land Opinion, 10/25/13