Vineyard tribe appeals federal court ruling on bingo hall

By Ethan Genter

Posted Jan 27, 2020 

Judge says proposed Vineyard facility must abide by local permitting.

The Wampanoag Tribe of Gay Head (Aquinnah) is asking an appeals court judge to overturn a lower court’s decision that requires the tribe to go through the local permit process before constructing a bingo hall on Martha’s Vineyard.

In 2018, the path to building the hall seemed to be clear. The U.S. Supreme Court had declined to hear the town and the state’s case, allowing a previous 1st U.S. Circuit Court of Appeals ruling that the tribe could build the gambling facility under the Indian Gaming and Regulatory Act to stand.

The tribe has long contended that the act, a federal law, gives them the right to have the bingo hall despite a standing agreement with the state that prohibited it.

But last year, another kink was thrown into the process. A U.S. District Court judge ruled that the tribe could go forward with the hall, but only if it complied with local permitting and zoning laws.

The tribe filed an appeal last week with the circuit court of appeals pushing back against the district court ruling.

“The crux of this appeal is whether (the Indian Gaming and Regulatory Act) preempts Commonwealth and local laws and regulations regarding the construction, occupancy and operation of the Tribe’s gaming facility, which laws and regulations are repugnant to the comprehensive, sophisticated regulatory scheme established in (the act),” the tribe wrote in its appeal to the court.

The appeals court previously ruled that the act’s “comprehensive and sophisticated regulatory scheme” governed gaming activities on the Tribe’s land, not state and local laws.

The court remanded the case back to district court for a judgment in favor of the tribe. But the judgment included the local building permits provision, prompting the tribe’s 177-page brief filed with the appeals court Jan. 21.

The tribe previously said it planned to open a 10,000-square-foot facility with 250 electronic gaming machines, a beer and wine bar, outdoor seating area and a mobile food vendor area. The tribe said the casino is expected to employ nearly 100 full- and part-time employees once it is up and running.

If the current judgment from the district court stands, it would not only deprive the tribe its rights under the Indian Gaming and Regulatory Act, but would also violate the United States’ jurisdiction over the land it holds in trust for the tribe, the tribe contended in the brief.

The tribe has said that it would preserve the atmosphere and beauty of the island while creating new economic opportunities. In its recent appeal, the tribe doubled down on the need for the bingo hall to help its economic stability.

″(The district court’s decision), if allowed to stand, will eviscerate the United States’ and Tribe’s jurisdiction over the Tribe’s Indian lands, devastating the Tribe’s ability to generate employment opportunities for its Tribal members and the community, and its ability to generate governmental revenue from gaming, which revenue is desperately needed in order for the Tribe to fulfill Congress’ intended goals of promoting tribal economic development, self-sufficiency, and strong tribal government,” the tribe wrote.

The latest court battle could be the last, but the grand vision of bringing a gambling hall to Aquinnah still seems to be a long way off. Little work is being done at the site.

A hearing date has not yet been set.