<p>The Wampanoag tribe registered its strong opposition Thursday to a ruling by a federal judge that it must obtain building permits from the town to construct a bingo hall in Aquinnah.</p>
Signaling more court battles ahead over the planned bingo hall on tribal lands in Aquinnah, the Wampanoag tribe registered its strong opposition Thursday to a ruling by a federal judge that it must obtain building permits from the town to construct the facility.
In lengthy filings in U.S. District Court, attorneys for the tribe make the case that the tribe and its partner in the gaming facility, the Chickasaw Nation, have their own procedures under the Indian Gaming Regulatory Act to ensure the building is safe and environmentally sound that are as good or better than those required by state and local law.
The tribe is asking for a stay of a ruling issued last month by Judge Dennis Saylor 4th while it appeals to the U.S. Court of Appeals First Circuit. A stay would allow the tribe to proceed with construction immediately.
At a public hearing before the Martha’s Vineyard Commission Thursday, Aquinnah town administrator Jeffrey Madison told commissioners that the tribe had in fact restarted construction on the property and that the town would be filing its own action in court.
“As of yesterday, the town has seen movement on the property and is filing a contempt of court order,” Mr. Madison said.
The MVC has taken steps to review the bingo hall as a development of regional impact following referrals from both Aquinnah and Chilmark.
In their filing in federal court, tribal attorneys said without a stay the tribe will suffer irreparable harm and significant monetary loss while the bingo hill remains unbuilt on cleared land off State and Black Brook Roads.
“The tribe is being deprived of . . . critical revenue stream, estimated to range from $3 to $5 million per year from the initial phases of the operation,” attorneys wrote in a memorandum that accompanies the motion seeking a stay.
Supported by an affidavit from tribal chairman Cheryl Andrews-Maltais, the memorandum also states that the tribe expects to create some 100 new jobs through development of the bingo hall and that its revenues will support critically needed services for the tribe.
“Every day of delay is a delay in funding essential health services, education, housing, social services, cultural protection, police and fire protection, EMT services . . . and a multitude of other government services,” attorneys wrote. “Every day of delay is also lost governmental revenue that will never be recovered.”
Notice of appeal in the case was filed late last month in U.S. District Court, two weeks after the ruling by Judge Saylor. Thursday’s motion asks for expedited review by the court.
The legally complicated case dates to 2015 and has wound through the U.S. District Court, the U.S. Court of Appeals for the First Circuit and ultimately reached the U.S. Supreme Court, which affirmed the tribe’s right to build the casino when it declined to hear a petition for review by the town in 2018.
That decision appeared to be an open-and-shut victory for the tribe until the town sought and received a ruling from Judge Saylor that held that even though the tribe had the sovereign right to pursue gaming on tribal lands, it still needed to abide by state and local permitting regulations.
Meanwhile, at the MVC hearing Thursday, Mr. Madison said the town has photographs showing that the tribe had put in footings for the new bingo hall.
“It’s anathema to all of us who live in Aquinnah as to how there is to be a court order that is summarily ignored,” he said.
Selectman Juli Vanderhoop also attended the hearing. She described the situation as “ugly and disrespectful.”
Jim Vercruysse and Kathy Newman, who both sit on the commission as Aquinnah representatives, expressed sadness that they had been unable to work amicably with the tribe.
In the end the commission voted unanimously to deny the project on procedural grounds because the application is incomplete.
Noah Asimow contributed reporting.

Comments
It's pretty simple, compare
charlie callahan so boston/edgartownIt's pretty simple, compare mass building codes to the Gaming codes and if theyr're comparable, then what's the big deal. The big deal is that the snobs who already have their monstrosity houses that should never have been allowed don't want anyone else doing anything to DAMAGE the AESTHETICS of the island, which actually disappeared in the 80's when these same complainers came here and built all kinds of things that don't fit in. This island lost its aesthetics years ago. A bingo hall out in the boonies is not going to hurt anything. I support the tribe,it was their land before it was stolen from them by some of the people trying to stop this
Pretty easy for you to say
Howie AquinnahPretty easy for you to say living in Edgartown...
Like Howie said, easy for you
Steven Kaufman AquinnahLike Howie said, easy for you to say.
I don’t have a McMansion. I have been coming to the island for 40 years. First off.
You’re down in Edgartown, so where do you get off. Second of all. You talk about snobs, but call us the boonies. What a fool!
Then, let’s talk about all those 1 hour car backups that one has to sit through, with all you materialistic Edgartown shoppers.
At least Gay Head has some control of its growth.
You are simply a fool!
Where and what are the 100s
anonymousWhere and what are the 100s of people going to do for the casino?
When I see many local native
Up island resident ChilmarkWhen I see many local native Indians concerned or opposing this bingo hall one wonders who is really benefitting from the anticipated profits?
I support the Tribe and it
SAR Martha’s VineyardI support the Tribe and it would not be difficult to put some restrictions in place that would control the size, hours of operation, use and even future growth to ease the concerns of our community. Frankly, I find it hard to understand how we can allow the “Game Room” (basically a casino that panders to children) to operate front and center on Circuit Avenue and then say “absolutely not” to the Bingo Hall project. A little creative thinking and cooperation would be a breath of fresh air. Enough with the Up-Island - Down-Island Town vs. Town mud slinging. All have good and bad.
The whole thing is a stupid
Metacomet AquinnahThe whole thing is a stupid idea from the tribal government which has not thought about the consequences. Even if it had, it was willing to ignore the long-term costs, both financial and strategic that it will inflict on the rest of the town and the island.
Local tribal membership does not want this imposed on us.
The Casino Must Go.
As a region, almost a county
Curious West TisburyAs a region, almost a county anyway, is the west end of this island a good place for a gaming casino? Maybe no place is good for such a thing, but the Wampanoag Tribe of Aquinnah’s right is questionable and being questioned. Who will truly benefit? Why did the work begin surreptitiously in the winter and involve clear-cutting a 4 acre site obscured in summer but largely in view of State Road? If there are jobs created in this endeavor, how many of them would be year round or meaningful long term employment for anyone? How many employees would be laid off and eligible for unemployment as seasonal workers? How about lighting and signage? Will the town and island, and nature continue to have to bow to the will of those pushing this thing along if they can get their way? Could the Tribe of Aquinnah step back and say their leadership on this has gone off the rails?
Definitely worthy of careful review before further action, imho. It’s not at all adding to the appeal of growing old here after a wonderful youth and the raising of a another generation in this awesome place.
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