The chairman of the Wampanoag Tribe of Gay Head (Aquinnah) vowed Tuesday to move ahead with plans to build a class II gaming facility in Aquinnah — and quickly.
Chairman Cheryl Andrews-Maltais said the tribe is “totally cleared” to build a casino facility in Aquinnah and would do so in a matter of months, not years. She said the tribe is looking for a partner in the project.
Class II casinos are restricted to games of bingo, and various card and table games where players can bet against each other but not against a dealer or the house.
“We hope that people will be able to understand that it’s our right,” Mrs. Andrews-Maltais told reporters in a conference call Tuesday afternoon.
The call followed the morning announcement that a legal opinion from the National Indian Gaming Commission has cleared the tribe to build a casino on land it owns on the Island.
The opinion was issued in a letter Oct. 25 from Indian Gaming Commission acting general counsel Eric Shepard.
“It is my opinion that the specified lands are Indian lands as defined by IGRA [Indian Gaming Regulatory Act] and are eligible for gaming,” Mr. Shepard wrote. The letter was a response to an August 29 letter from Mrs. Andrews-Maltais requesting an opinion as to whether “certain land held in trust” by the tribe was eligible for gaming.
“The tribe has consistently asserted that we have the right to game on our lands in Aquinnah," Mrs. Andrews-Maltais said in a press release issued Tuesday. “These approvals confirm our position. We are thrilled!”
The announcement comes five days before a heated tribal election where she is being challenged for her seat by former tribal administrator Tobias Vanderhoop.
Speaking to reporters from Washington, D.C., Mrs. Andrews-Maltais said she felt there was an appetite for gaming on the Island, and the rest of the Island would benefit economically.
She said the tribe would continue to work to sit down with the governor to negotiate a compact to operate a class III casino. Class III facilities, which include blackjack, slot machines, and other high stakes games normally associated with large resort-style casinos, require state approval.
The opinion from the Indian Gaming Commission is contradictory to the position taken by the Aquinnah town attorney and Gov. Deval Patrick, who both say the tribe is barred from building a casino under the terms of a 1983 land claims settlement agreement with the town. As a result, Governor Patrick has refused to negotiate with the tribe for the one casino license in Massachusetts reserved for an Indian tribe. In another development on Tuesday, the state legislature ratified a compact between the state and the Mashpee Wampanoags for that license.
Aquinnah town counsel Ronald H. Rappaport reacted to the latest news from the Vineyard tribe. “I’ve read the letter from the National Indian Gaming Commission of Oct. 25; I have not read the other letters referred to in that letter,” Mr. Rappaport said. “But 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.
“I would also note that the Massachusetts governor’s office and state gaming commission have taken the same position.”
The 6,000-square-foot community center where Mrs. Andrews-Maltais is now proposing a bingo hall remains an unfinished building with no occupancy permit from the town. The building was reviewed and approved by the Martha's Vineyard Commission in 2007 for use as a tribal gathering place and function hall. Games of chance were not included in the description at the time. The tribal chairman said Tuesday that a bingo facility would require no further review by the commission.
“The lands are Indian lands which we have jurisidction over and the building is already built,” she said, adding that she didn't think the tribe needed to go before the commission in the first place and a previous chairman had made that decision. She said the tribe would be“happy to sit down and keep the MVC apprised of what we are doing.”

Comments
Why don they start by
JoAnn ChilmarkWhy don they start by completing the building first? At the time it was originally built it need about 200k more of work. They are up to a least 500-600k now. It has been exposed to elements for years!!They cant even get there act together to complete the building and they have been fighting the governors office for years on this. I highly doubt they will even be organized enough to even get this off the ground...
Another get-rich-quick dream
Mr. B. ChilmarkAnother get-rich-quick dream for the tribe. They always seem to stumble on the drudgery of the day-to-day needed to make things work. Your point of the building is well-taken.
If they really have the right
Ken Esq Edgartown, MAIf they really have the right to put in Class II gambling it won't be hard. There are plenty of companies that they can hire to build and operate the casino for them.
Please. Even if its your
steve C EDGPlease. Even if its your "right", a casino is a dumb idea. You know it too. But we will help you move the lighthouse.
There are no roads, no hotels
MarieThere are no roads, no hotels and no restaurants. Who in their right mind will go through all the trouble to play bingo? I have owned a home in Edgartown for almost 20 years and I never drive to Aquinnah. Been there, done that.
That building will need to be torn down first.
Agree it may be their right,
Meg - KatamaAgree it may be their right, however there is no local infrastructure to support restaurants, lodging, and most of all, travel up island. Imagine the traffic nightmare on the 2 lane roads to Aquinnah. If I lived along these roads to the casiNO I would be concerned about the future value of my property. Up island is so beautiful...and tranquil. This is so unfortunate for so many who love the Vineyard.
CasiNO!!!
Sounds like a sure way to
susanSounds like a sure way to ruin Aquinnah. Is nothing precious?
Oh boy-- better hold special
GaryOh boy-- better hold special town meeting for the new Police vehicles, officers and much larger station you will need.....
HELLO..... The opinion was on
Aquinnah resident Aquinnah, maHELLO..... The opinion was on the applicability of federal gaming law on tribal lands. It does NOT state that there was any "approval" granted!!!
Thank you for pointing that
Susanna J. Sturgis West TisburyThank you for pointing that out. The Gazette story is a lot more informative than the Boston Globe's (which IMO was a shoddy excuse for reporting), but it still doesn't make clear that there are more hoops to jump through.
As a tribal member, THIS is
Tribal MemberAs a tribal member, THIS is EMBARRASSING. This is a complete lie, we will NEVER have a casino on the island. This a ploy to get misinformed votes for the upcoming election and a horribly crafted one at that. How could a "leader" be so disgustingly misrepresentative of her people?
I am sure the Governor will
Barry ChilmarkI am sure the Governor will be very amenable to granting a Class III gambling license after the tribe takes this unilateral move. I wonder if we will need a few more ferries to handle the Bingo Buses from NYC.
Another reason to vote for
DanAnother reason to vote for Tobias.
Maybe the bingo hall will
Think People VirtualMaybe the bingo hall will give them standing to take the 1983 act to the supreme court to have it over turned. Maybe they really are so sovergn they were not able to sign away their rights in the first place?
I haven't been to that end of
deshandra brown obI haven't been to that end of the Island in 20 years. Do they still charge to use the bathrooms at the cliffs? Is the ever-present radar speed trap still up? Those are two reasons that discourage people from going up there. The third reason will be a casino.
Since our government will
paul adler west tisburySince our government will probably shut down again, why not use their office space in Washington? At least we will finally get some revenue from this space?
Did the Feds just write a
hughw chilmarkDid the Feds just write a boiler plate opinion on the rights of a tribe to have gaming without full knowledge of the Tribe/Town/State compact? I kind of suspect that they were asked a question by the tribe without full disclosure of the situation, and they gave a stock answer. If not, we're really in trouble here. Regardless how small they start, there will be increasing pressure to cash in by going as far and as big as possible
I understand that the Tribe
a tribal memberI understand that the Tribe has agreements with the town and the state, however, Federal law/decision trumps all lower levels of government, so in that respect they can authorize such a thing. I don't personally think that the endeavor is something we as a people should be going after, but it could be an option as far as this opinion goes.
Sure federal law trumps town
hughw chilmarkSure federal law trumps town and state. But If I'm not mistaken, the federal government might just have been a party to the original recognition agreement which required following of local zoning laws and prohibited gaming. Apparently, there are some that think that subsequent federal gaming statues/regulations trump the original settlement agreement. But that's for courts to decide. In the absence of any statements to the contrary, I'm guessing that the tribe asked for a ruling without divulging any facts detrimental to their objective in obtaining a ruling, and it was given by some bureaucrat without full knowledge of the overall situation or anyone to argue against the ruling.
Great. More traffic, more
Zouzou BostonGreat. More traffic, more drunken driving, more poverty, more petty thievery. Any other benefits?
The Narragansett Tribe in RI
LSFMV Oak BluffsThe Narragansett Tribe in RI attempted this as well several years ago. Still have yet to see a Native American run casiNO in RI.
On an island with a police
Dan Oak BluffsOn an island with a police blotter full of the ravages of drugs and alcohol it is truly sad that anyone would consider introducing another mechanism for addiction, and beyond ironic that native people would be involved in the effort.
This will finally
Drewchild CliffsThis will finally reinvigorate up island tourism. To my knowledge, there is no casino in the US anywhere near a beach. This will be a big draw for mid-western tourists who want to both gamble and experience New England beaches and seafood. The ancillary revenue streams will help the towns near by if they take advantage.
Drewchild,
gina nycDrewchild,
Hmmm ever hear of Atlantic City , NJ???
If this is how the tribe
Nasketucket Buzzards BayIf this is how the tribe wishes to support themselves, then I say go for it. Do I approve of a casino anywhere? heck no, however, I do know that ever since Jackie O pushed for their recognition, they have always been at the table when gambling in the state was discussed. The misinformation that Gov.Patrick states was spoon fed by his Commisioner of Indian Affairs who only advocates for his Mashpee tribe.Actually I heard he got kicked out of the Mashpee tribe, whatever the case, Aquinnah has never hidden their desire to use gaming for economic developement.
calm down people, the wealth
jim boy edgarvillecalm down people, the wealth on the island can hire the legal talent to stop any casino. gambling, widespread on the island, will also be confined to scratch tickets, numbers and football pools.
This proposal would truly
Amanda Drew EdgartownThis proposal would truly harm the character of Aquinnah and Martha's Vineyard in general. Property values will suffer. People come to Martha's Vineyard to get away from all the garbage on the mainland. What's next, Kentucky Fried Chicken?
OPM.. Other people's money is
ron minkin edgartownOPM.. Other people's money is called for on this tribal endeavor... In my opinion it is a financial gamble to have a class 2 casino in Aquinnah, and only a few good jobs will be created. The community center should be completed for the tribal members enjoyment either way.. I hope all goes well for the tribe..
Tobias J. Vanderhoop
June Manning AquinnahTobias J. Vanderhoop certainly has my support. He has been more than willing to serve where he was needed, virtually working in every department for our Aquinnah Tribe since moving to Aquinnah 20 years ago. In addition, he served as Acting Education Director when needed and as Tribal Administrator. He has also been a productive member of our Aquinnah community. We were all inspired when he headed to the Kennedy School of Government at Harvard to further his education. We were even more enthused when he returned home with his Masters Degree in Public Administration. He learned a great deal at Harvard and one element of his education was in fine tuning his diplomacy skills. He is also a great listener and consistently demonstrates his respect for our Aquinnah Elders and respect for our Aquinnah Selectmen and our ancestral lands as well. In turn, we respect Tobias for his efforts as a humanitarian, his contributions not only at a Tribal level but in our Aquinnah community, his admiration for his large extended family, and for his benevolence. I have attended innumerable meetings with Tobias in Aquinnah, across the Vineyard, in Boston, Washington, D.C. and in New York - he has always left a great impression and represented our Tribe very well. His enthusiasm to share our his and our culture has benefitted many people of all ages. I wish Tobias the best.
Second to last sentence - to
June Manning AquinnahSecond to last sentence - to share our history and our culture.
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