An emergency filing rapidly brought the town of Aquinnah and the Wampanoag tribe back to federal court via conference call with the Hon. Dennis Saylor 4th on Monday afternoon.
An emergency filing rapidly brought the town of Aquinnah and the Wampanoag tribe back to federal court via conference call on Monday afternoon, with Judge Dennis Saylor 4th telling the embittered sides they need to work together to come up with a “good faith” solution to safely secure the site of a proposed bingo hall in Aquinnah.
In June Judge Saylor ruled the tribe could not begin construction on the facility without first obtaining state and local buildling permits.
The tribe had sought a stay pending its appeal of Judge Saylor’s decision, which would have allowed them to work on the facility despite his order.
The stay was denied on July 26, but last Friday the tribe filed a 12-page emergency motion pressing the judge to allow them to secure the site by pouring concrete and laying footings and steel rebar at the facility.
“The danger is current and immediate,” attorneys wrote in the brief that accompanied the motion. “An untenable situation has unfolded . . . the tribe seeks relief from this court to allow cement to be poured such that the rebar steel is not exposed and the open trenches are filled.”
The latest surprise court scrap comes after Aquinnah town officials reported construction activity on the site of the proposed bingo hall last month. Building inspector Lenny Jason issued a cease and desist order requiring the tribe to halt all work at the facility. The tribe complied, but continues to press in court for permission to secure the site by pouring footings and other work.
In a telephone conference call with lawyers from both the tribe and the town on Monday afternoon, counsel for tribe Scott Crowell promised that the tribe merely wants to fill exposed trenches, which he said pose a public safety concern.
“We’re not looking to build and complete a sprung structure,” Mr. Crowell said on the call, which was open to the press. “We are not looking to do anything other than make the site safe.”
William Jay, a partner at Goodwin who represents the town, took another view.
“Of course the town does not want there to be an unsafe situation in the town of Aquinnah,” Mr. Jay said. “But we’re concerned that much of the unsafe situation, including anything having to do with rebar, all refers to work performed after the [ruling by Judge Saylor in June]. And at no point has the tribe . . . come to the town and sought a permit.”
After listening to arguments from both sides, Judge Saylor said he couldn’t make a decision without being on the ground in Aquinnah. In so many words, he asked the town and tribe to work it out.
“I am not on site. I am not in a position to conduct fact-finding. I don’t know what, if any work, was performed after the injunction was issued ” Judge Saylor said. “But I do want to make sure that the site is safe. The idea is to maintain the status quo while this issue is appealed. The site needs to be safe. And what I am going to direct the parties to do is to work together in good faith — and by that I mean the tribe and the town — with the town being permitted to have people on site to observe the conditions and come up with a plan to make sure the site is safe.
“. . . If you can’t agree, then I’ll have to decide it.”
The judge also said:
“There’s a bit of a penumbra — pardon the word — around some of this. Sometimes when you pull the plug on work, you put in a piece of electrical equipment, you need to put a cover on it if site work stops . . . Not only do I not want the site to be dangerous, but I don’t want whatever work has been done to be ripped out because it hasn’t been preserved properly.”
Attorneys agreed to try to enter into a good faith dialogue. Judge Saylor said he appreciated the commitment to discuss the issues with “lower temperatures,” saying that ultimately the matter of state and local permitting was now in the hands of a higher court.
“I understand, emotions are running high,” the judge said. “I am going to ask everyone to put all those sort of feelings on hold until you work out a safe and sensible solution in the short-term. My goal is to get this up to the Court of Appeals and have them decide whether I was correct or not.”
Meanwhile, the tribe has filed a notice of appeal on Judge’s Saylor’s June ruling. No hearing date has been set.

Comments
Bingo Hall. Sounds like a
Paul Condlin EdgartownBingo Hall. Sounds like a good name for an attorney.
Fine, get the work that has
Mike WTFine, get the work that has been done inspected before you can proceed.
How does anyone know if the work is compliant with any regulations, or the drawings(that I assume were prepared and sighed by a Mass registered structural engineer) until it is inspected and signed off.
I really do not understand the aversion to filing this job correctly.
In these cases there is usually alot of non compliance with building codes cited as the reason for unwillingness, overcite or blatant disregard for regulations to file.
Photo clearly shows the fence
lost poetPhoto clearly shows the fence around the site with warning signs. How is this a danger to the public which does not have access? Tarpaulin over rebar can protect them. trenches can be filled with dirt from the site or covered with plywood. If there are footings, etc., it will basically be the beginning of the building. This is just a ploy to start building.
Insanity. The Tribe, (not all
Martha MageeInsanity. The Tribe, (not all..not my dear Wampanoag friends who oppose it but the misguided group within it who have created this travesty) has lost its way. A sacrilege to everything the native spirit is. I am feeling deeply saddened and disgusted. Keep fighting, Aquinnah! You are the keepers of the Light! Thank you for seeking to protect our sacred place. I love you.
Another privileged white
T Bone Oak BluffsAnother privileged white person besmirching an Indian Tribe. History repeats itself, sadly. You say "our sacred place" -- isn't it the Tribe's sacred place?
My understanding is that it
WD Vineyard HavenMy understanding is that it was the off island Wampanoags who mostly voted for the casino, something which will not affect their own environments. Further, is anything the commenter mentioned which is untrue? What is untrue is the tribe stating how the windmills would impede there morning rituals, which one tribe person stated she had never heard of. Seems they have no problem dancing with truths as long as they get their way. Less than honest/not a good neighbor.
This faction of the Tribe
Martha MageeThis faction of the Tribe besmirches itself by the insanity of proposing this gaming hall in Aquinnah in the first place; not to mention the rest of the Tribe who have the good sense to not want it, as well as the Town of Aquinnah, and the Island community of Martha’s Vineyard as a whole who will be affected by this travesty. Protecting the sacredness of this land and traditions is everyone’s responsibility. Your argument could not be more wrong and just serves to polarize an already fractured situation. Those of us who truly love Aquinnah and understand her spirit know what I am talking about. This gaming hall proposal in Aquinnah is an assault on our fragile island and everyone with common sense understands this.
+1 to Martha’s comments
AM Edgartown+1 to Martha’s comments
"This is just a ploy to start
Islander Too"This is just a ploy to start building. "
My thought, too. The "safety" warning cry is an obvious ploy designed as an end run.
We are too fearful about any "safety!" excuse
I see zero safety issues. There is a fence there. They could also add a webcam to surveil the site. The judge could ask to see videos and photos of the state of the construction, instead of punting. The judge should shut this construction site down right now.
Why is it so difficult to
Dan, EdgartownWhy is it so difficult to comply to building construction codes? Why is it so difficult to apply for a construction permit? If this facility is to serve the general public then it must comply with construction and life safety codes that are enforced by town and state inspectors. The job site can be protected from danger and substantial deterioration by the contractor. Everyone must comply in order to insure a safe environment.
Get a grip, get a permit!
It wasn't enough to take
Kelce OBIt wasn't enough to take their lands. Now whites tell them how to use what little lands they have left.
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