5.7 acres in Aquinnah, a Kennedy donation, a Wampanoag ancestor all part of court case

Rachael Devaney Cape Cod Times 

Published April 21, 2022 

MARTHA'S VINEYARD—A local family will go to court Friday over its continuing fight over a piece of land in Aquinnah which the Kennedy family donated to Vineyard Conservation Society in 2013. 

Tanisha Gomes and her family say they are the rightful owners of that 5.7-acre property.

They are challenging the Society's motion for summary judgment which asks a judge to throw out the case.

In 2017, Gomes received a letter from Fidelity National Law Group, a firm that represents Vineyard Conservation Society, Inc., to inform her and 19 members of her family about title problems with the land. 

The letter informed Gomes and her relatives that a lawsuit was filed with Dukes County Superior Court against the family, who are considered heirs of Louisa Pocknett. Pocknett is described in the complaint as the former owner of the property. Pocknett died on Aug. 29, 1874 and was a member of the Mashpee Wampanoag Tribe.  

The family members were asked to sign an agreement to verify they had no right, title or interest in Lot 240, which was indicated on a plan entitled "Plan of Gay Head."

After further research, Gomes and her family found that Lot 240 remains in Pocknett's name on the town of Aquinnah's assessor's website, and objected to the lawsuit due to discrepancies surrounding incomplete deeds for Lot 240.

More:Caroline Kennedy, husband give land for conservation

After a series of court postponements since 2017, the family will now appear in Dukes County Superior Court in Edgartown, where a judge will hear the motion for summary judgment.

"We are going on our sixth year battling for the title," Gomes said in a phone interview. "At the summary judgment, either of us could win or we go to trial. But there needs to be no disputable facts for a conclusion to be found. Because that's not the case, the only step really is to go to trial."

In addition, court documents show that Fidelity National Title Insurance, which will also represent Vineyard Conservation Society in court, recently introduced a deed from 1945 to its proposed chain of title to try and decide the case.

Troy Small, a defendant in the case, and Gomes' cousin, said his family is questioning the validity of that new deed because it was only presented by opposing counsel in 2021.

More:Supreme Court move ends land dispute

"That (deed) was just brought up last year. The plaintiff's own expert witnesses never even mentioned or used this new deed in any of their affidavits in their chain of title to claim ownership for the Vineyard Conservation Society, including in the summary judgment," Small said.

Neither Fidelity National Law Group nor Fidelity National Title Insurance returned calls to the Times for comment.

Gomes said Lot 240, or "Kennedy 240," which it is commonly called, is a parcel of land that was included in a 2013 gift deed between the Kennedy family and Vineyard Conservation Society.

According to gift deed documents provided by Gomes, the Kennedy family, through its Red Gate Farm LLC, donated 30 acres of its Aquinnah property to the Vineyard Conservation Society. The land, which was valued at $3.7 million, was gifted for $10. 

"Title issues are nothing new in Aquinnah for private landowners of the town," Gomes said. "The gift deed shows that most of the lots that were donated had title issues that they didn't bother to clear."

For Gomes, there are too many disputable facts to rule for a summary judgment, and she is hoping for a jury trial.

"Fidelity Title Insurance did not do their due diligence, meaning they did not make any effort to ensure the titles were clear," Gomes said. "We are just looking for a fair process and to be heard."

LINK

 

Native Tribes on Cape and Islands may join $590 million national opioid settlement

Asad Jung   Cape Cod Times 

Published Feb. 7, 2022 

Indigenous tribes on the Cape and Islands have yet to get clarity about how the $590 million settlement with one opioid manufacturer and three distributors will directly affect them. 

Native American tribes reached a settlement with Johnson & Johnson, AmerisourceBergen, Cardinal Health and McKesson over the respective companies' role in the opioid epidemic. The filing, in US District Court in Cleveland, was made public on Tuesday. 

The two federally recognized tribes on the Cape and Islands are the Mashpee Wampanoag and the Wampanoag Tribe of Gay Head Aquinnah. 

Brian Weeden, chairman of the Mashpee Wampanoag, said the tribe would consider participating in the settlements at its next tribal council meeting on Wednesday. 

Weeden said Indigenous people have some of the highest rates of substance abuse out of any ethnic group. The abuse is rooted in Indigenous peoples’ historical trauma, he said.  

Opioid settlement:Cape towns to receive $3.17M payout from multi-billion dollar settlement

Weeden also mentioned that many tribal children are in foster care due to their parents dying from substance abuse. 

How does the opioid settlement work?

More than 400 tribes and intertribal organizations have sued over opioids. Any federally recognized tribe can participate in the settlements, but the deal will only be enacted when 95% of the tribes who sued the companies agree to the settlement, according to a lawyer whose firm represents 28 tribes. 

The deal states that Johnson & Johnson would pay $150 million over two years, while the three drug distributors would collectively pay $440 million over seven years. 

Cheryl Andrew-Maltais, chairwoman of the Wampanoag Tribe of Gay Head Aquinnah, said the tribe has been involved in opioid litigation since the very beginning. 

Opioids:Native American tribes reach $590 million opioid settlement from drug distributors, J&J

She said the tribe is happy to hear about the settlement, but doesn’t think it’s nearly enough to account for the damage caused by opioids. 

By the time the companies have finished distributing and allocating the resources, it won’t have the intended effect, she said. 

She also said the dollar amount of the settlement is not nearly enough to answer the costs of addiction treatment, as well as the social and emotional costs of families and communities touched by the epidemic. 

Trial:Former Mashpee Wampanoag chairman Cedric Cromwell trial set for April

The settlement money may be divided by 574 federally recognized tribes, each tribe only getting a slice of the money. However, Andrew-Maltais is optimistic about the message that the settlement can send. 

“We're hopeful that this will be a wakeup call, not only for Congress, but for everyone, to be mindful about what’s being prescribed,” she said. 

Information from the Associated Press was used in this story

POLITICO Massachusetts Playbook: WALSH vs GROSS — TRAFFIC is BACK — BAKER: 'I stand with Israel'

 

BY LISA KASHINSKY WALSH WATCH — Former Boston Mayor Marty Walsh is getting sucked back into the controversy surrounding embattled Police Commissioner Dennis White — and it could become a distraction for the Labor secretary in the otherwise relatively drama-free Biden administration. The latest turn of events comes on the eve of today’s Suffolk Superior Court hearing over White’s attempted ouster by Acting Boston Mayor Kim Janey; the hearing follows a report that detailed decades-old allegations of domestic abuse by the cop. Former police commissioner William Gross — who just last week defended White to reporters — said in an affidavit that Walsh knew about the allegations against White when he picked him to run the department. “There is no way anyone is brought into the Command Staff without such a briefing to the mayor and approval by the mayor,” the affidavit says. But Walsh, who quickly appointed White after Gross's abrupt departure, maintained that he was unaware. “Neither the allegations nor the internal affairs files were shared with me in 2014, or during any other consideration of Dennis White," Walsh said in a statement released through the Labor Department. "Had I known, I would not have chosen him for police commissioner or any other role.” The growing controversy is now pitting Walsh and Gross, who up until a few months ago were two of the city’s biggest political heavyweights, against each other. So far, the shockwaves haven’t really reverberated in D.C., according to a Boston Globe report Tuesday and sources I spoke to Wednesday night. Washington has largely ignored the tribulations of Walsh’s mayoral administration. Walsh placed White on leave the night before his Senate confirmation hearing in February — but no one raised the issue the next day. Nor was Walsh asked about the two high-profile labor-relations scandals involving the Boston Calling music festival and the “Top Chef” TV show. The biggest blowback from outside the Hub so far actually came from the New York-based Wall Street Journal's editorial board. GOOD MORNING, MASSACHUSETTS. Have a tip, story, suggestion, birthday, anniversary, new job, or any other nugget for the Playbook? Get in touch: lkashinsky@politico.com. TODAY — The Urban League of Eastern Massachusetts holds a virtual Equal Opportunity and Diversity Breakfast at 8 a.m. with Rep. Ayanna Pressley, Gov. Charlie Baker, Acting Boston Mayor Kim Janey and state Rep. Chynah Tyler. Baker is a guest on GBH News' "Boston Public Radio" at noon. State representative and Boston mayoral candidate Jon Santiago details his “Mass and Cass” policy at 1 p.m. in Franklin Square. Greater Boston Labor Council hosts a mayoral candidate forum on jobs and workers at 6 p.m.   SUBSCRIBE TO WEST WING PLAYBOOK: Add West Wing Playbook to keep up with the power players, latest policy developments and intriguing whispers percolating inside the West Wing and across the highest levels of the Cabinet. For buzzy nuggets and details you won't find anywhere else, subscribe today.     THE LATEST NUMBERS – “72,302 more coronavirus vaccine shots given in Massachusetts, almost 3.3 million people fully vaxxed,” by Rick Sobey, Boston Herald: “More than 72,000 coronavirus vaccine doses were administered in Massachusetts during the most recent day of vax data on Wednesday, as almost 3.3 million people in the state are fully vaxxed.” DATELINE BEACON HILL – “‘I stand with Israel’: Charlie Baker wades into conflict as calls for cease-fire intensify,” by Matt Stout, Boston Globe: “Governor Charlie Baker on Wednesday said he 'stands with Israel' in its ongoing conflict with Hamas, putting the two-term Republican at odds with leading Massachusetts Democrats who have increasingly rebuked the Jewish state amid the deadly fighting and demanded a cease-fire.” – “Advocates push for tuition-free state colleges,” by Christian M. Wade, CNHI/Eagle-Tribune: “With college costs spiraling, advocates are pushing for free tuition at public universities and colleges in Massachusetts, a move they say would help many low-income students now struggling to afford a degree. On Tuesday, the Legislature's Joint Committee on Higher Education considered several plans to require the state to partially or fully subsidize 29 public universities or community colleges. In most cases, the plans are funded by taxing endowments of wealthy, private universities.” – “Massachusetts weighs massive expansion of voting rights,” by Erin Tiernan, Boston Herald: “Opponents of a push to make permanent major voter expansions — including early voting and mail-in voting — clashed with Democrats leading the charge.” – “Black Economic Council of Mass. makes forming a public bank a top legislative priority,” by Jon Chesto, Boston Globe: “The Black Economic Council of Massachusetts is throwing its newfound political muscle behind an unusual cause this year on Beacon Hill: persuading lawmakers to start a public bank.” CORONAVIRUS UPDATES – “Employees concerned about back-to-work safety,” by Robert Goulston, Boston 25 News: “The restrictions being lifted have many employers starting to transition employees back to in-person work. … But some people do have concern about going back with others not vaccinated yet.” – “Stop & Shop says fully vaccinated customers will be able to enter store without masks starting May 29,” by Travis Andersen, Boston Globe: “Customers fully vaccinated against COVID-19 will be able to walk into Stop & Shop locations without donning a mask starting May 29, bringing the chain in line with federal guidance and Governor Charlie Baker’s announcement Monday that all pandemic restrictions will be lifted in Massachusetts on that date.” FROM THE HUB – “Walsh knew about Police Commissioner Dennis White’s internal affairs history, Gross says in affidavit,” by Danny McDonald, Andrew Ryan and Elizabeth Koh, Boston Globe: “Former police commissioner William Gross said in an explosive court filing released Wednesday that former Boston mayor Martin J. Walsh knew about domestic violence allegations against Dennis White when Walsh appointed him to lead the force, an allegation that dragged Walsh, now the US secretary of labor, deeper into a controversy that has engulfed the Police Department.” The Boston Herald’s Sean Philip Cotter and WBUR’s Ally Jarmanning have more details. – “Janey decried ‘blue wall of silence’ — while accepting it,” by Michael Jonas, CommonWealth Magazine: “The mess that is the leadership of the Boston Police Department was not of Kim Janey’s making. But it now falls squarely in her lap — right as the mayoral race she’s competing in starts to heat up — and it’s not clear that there is a neat and simple resolution in sight that will let the city’s acting mayor claim to be leading Boston decisively into a bright new public safety future that moves past the troubles left by Marty Walsh.” – “An ‘Army of 16-Year-Olds’ Takes On the Democrats,” by Ellen Barry, New York Times: “Dana Depelteau, a hotel manager, had just gone public with a long-shot candidacy for mayor in Boston when he noticed that someone in city politics was going after him online. The effect of this attack, he said, was lightning-fast and pervasive. … That is how he became aware of Calla Walsh, a leader in the group of activists known here as the Markeyverse. … She is also representative of an influential new force in Democratic politics, activists who cut their teeth on the presidential campaigns of Senators Bernie Sanders and Elizabeth Warren. The full strength of these activists — many of whom are not old enough to vote — did not become clear until last fall, when they were key to one of the year’s most surprising upsets, helping Senator Edward J. Markey defeat a primary challenge from Representative Joseph P. Kennedy III, who had been heavily favored to win.” – “Boston City Council passes ballot question to change budget process,” by Danny McDonald, Boston Globe: “For the second time in recent months, the Boston City Council on Wednesday approved a ballot measure that would ask voters to change the city’s charter and alter its budget process to give the council more control over spending.” – “Change boosts exam schools’ diversity, but some feel angry about not getting in,” by James Vaznis, Boston Globe: “In West Roxbury, a powerhouse in the exam-school admission race, the overall number of seventh-grade applicants receiving admission offers dramatically declined from 133 last year to 69 this year under a temporary policy that capped admission by ZIP code. The tougher competition meant students needed an A minus to get in. By contrast in Mattapan, a neighborhood where families typically have less means to hire admission consultants, the total number of seventh-grade applicants getting in more than doubled to 51 this year, with some candidates who had a B-minus average securing a coveted acceptance letter from one of the exam schools. The divergent outcomes are part of a slew of data released by the Boston Public Schools in recent days that provides the clearest picture yet on the results of a temporary admission policy, which suspended a mandatory entrance exam and instead allocated seats by grades and — for the first time — by ZIP codes.” THE RACE FOR CITY HALL – “Andrea Campbell proposes ’30-day challenge’ around Methadone Mile,” by Sean Philip Cotter, Boston Herald: “Mayoral candidate Andrea Campbell issued a ‘30-day challenge’ to Acting Mayor Kim Janey to set a course to better improve conditions on Boston’s Methadone Mile as Campbell declared the conditions there to be a top issue in the city.” – In: “Retired state trooper to challenge Attleboro mayor,” by Ted Nesi, WPRI: “A first-time candidate has jumped into the race for Attleboro mayor as campaigns for this year’s Massachusetts municipal elections begin to take shape. Todd McGhee, a 56-year-old retired state trooper who has lived in the city for two decades, pulled papers last week to run against two-term incumbent Paul Heroux. He is the second challenger to file against Heroux, along with former City Council candidate Jim Poore.” – And out: “Holyoke acting Mayor Terence Murphy ends speculation; will not run,” by Dennis Hohenberger, Springfield Republican: “Acting Mayor Terence Murphy said Wednesday he would not run for the office in the fall. Murphy also said he would not pursue another two-term as Ward 2 city councilor. He plans to end his public service career once successors for both seats are elected in November.” PLANES, TRAINS AND AUTOMOBILES – Say it ain’t so: “Traffic is back: Congested highways, long travel times expected this Memorial Day weekend,” by Joe Difazio, Patriot Ledger: “If it feels like you've been sitting in more traffic lately, it's because you have. Traffic hit an all-time low last spring as the state shut down for the COVID-19 crisis and people stayed home from work, stopped traveling and generally kept off the roads. As the state enters the final phases of reopening, traffic is back. And Memorial Day weekend is expected to be a doozy.” DAY IN COURT – “‘There is no other choice,’ DA Anthony Gulluni says of decision to sue Justice Department for records on alleged Springfield police misconduct,” by Patrick Johnson, Springfield Republican: “Faced with what he describes as a lack of cooperation from federal officials, Hampden District Attorney Anthony Gulluni filed a lawsuit Wednesday seeking records from the U.S. attorney’s office in Boston that could identify police officers who used excessive force and then lied about it. The suit stems from last summer’s U.S. Department of Justice report on the Springfield Police Department’s narcotics unit. Based on a two-year investigation, the report outlined numerous allegations of city police officers physically abusing suspects and filing false reports, and supervisors looking the other way. The report was met with considerable public outcry, as well as pledges from city officials to change how the department operates.” FROM THE DELEGATION – “Rep. Jake Auchincloss On The Fight Over Nancy Pelosi’s ‘Pet Project’,” by Hunter Walker, The Uprising: “Multiple Democratic sources have described the prescription drug pricing bill H.R. 3 to The Uprising as House Speaker Nancy Pelosi’s ‘baby’ and ‘pet project.’ The Hill has dubbed it Pelosi’s “signature” legislation. But the bill has met opposition from Pelosi’s fellow Democrats who have suggested it is not ‘bipartisan’ and lacks needed support in the Senate and from a majority of Americans and stakeholders in the public and private sectors. One of those H.R. 3 opponents, Rep. Jake Auchincloss (D-MA) sat down with The Uprising last week.” DATELINE D.C. – “Jan. 6 commission’s fate uncertain as Republicans seek to rewrite history,” by Jess Bidgood, Boston Globe: “In the shell-shocked days following the failed insurrection at the Capitol on Jan. 6, the idea drew support from everyone from Nancy Pelosi to Kevin McCarthy: an inquiry by Democrats and Republicans, modeled on the 9/11 Commission, to lay out what had happened and how to prevent another assault. But 4½ months later, the push for a bipartisan, bicameral commission to investigate the deadly breach of the Capitol — charged with producing a historical document that will shape Americans’ understanding of Jan. 6 for generations — has collided with the objectives of a Republican Party that is increasingly seeking to rewrite the history of the 2020 election and the months that followed.” FEELING '22 – “Could Charlie Baker Survive A Republican Primary?” by Adam Reilly, GBH News: “As life in Massachusetts finally returns to a semblance of normalcy, Gov. Charlie Baker continues to get high marks from Massachusetts voters. In March, a Suffolk University / Boston Globe poll put his overall approval rating at 67 percent, with 71 percent backing his handling of COVID-19. You might think the Mass GOP would be celebrating those numbers, which suggest Baker will be tough to beat if he seeks a third term in 2022. Instead, if Baker does run for re-election, his own party might become his biggest hurdle.” FROM THE 413 – “Crews continue patrolling Clarksburg State Forest fire,” by Francesca Paris, Berkshire Eagle: “The record-breaking fire in Clarksburg State Forest has held steady over the last few days, according to the Massachusetts Department of Fire Services. The 950-acre fire has not grown since Monday and has remained 90 percent contained since Tuesday.” THE LOCAL ANGLE – “Mikayla Miller's Mother Dismisses Ruling That Hopkinton Teen Died By Suicide, Suspects Murder,” by Ally Jarmanning, WBUR: “The family of Mikayla Miller, the 16-year-old found dead in Hopkinton last week, is disputing the state medical examiner's ruling that she died by suicide.” – “Email: Ex-Girlfriend Expressed Concern About Mikayla Miller's Mental Health Prior to Death,” by Ryan Kath and Jim Haddadin, NBC10 Boston: “The NBC10 Boston Investigators have obtained an email which indicates Mikayla Miller’s ex-girlfriend reached out to a school guidance counselor several days before her death, expressing concern about her mental health.” – “Hopkinton police release records in Mikayla Miller's death,” by Norman Miller, MetroWest Daily News: “It started with a 911 call on April 18 at 7:04 a.m. ‘I have a caller on the line that believes that there is a deceased male hanging from a tree there,’ a Massachusetts 911 dispatcher told the Hopkinton Police Department dispatcher. The call was in regards to Mikayla Miller, 16, of Hopkinton.” – “City manager says he's not recommending civilian review board to City Council,” by Steven H. Foskett Jr., Worcester Telegram & Gazette: “Amid renewed calls for a civilian review board with subpoena powers to oversee police in the city, City Manager Edward M. Augustus Jr. Tuesday said he would prefer to see through established efforts at the city and state level that are already underway.” – “Median Home Price In Massachusetts Hits Record High Of $529,000,” by Jenifer B. McKim, GBH News: “The median sales price of a single-family home in Massachusetts rose to a record high of $529,000 in April, more than 20% higher than in 2020, according to new data from the Massachusetts Association of Realtors.” – “Aquinnah official hit with ethics violation,” by Rich Saltzberg, MV Times: “The state’s ethics commission has found reasonable cause Aquinnah select board member Gary Haley violated state ethics law by choosing himself ‘to perform electrical infrastructure work for Aquinnah,’ overcharging the town, and approving payment to himself, according to a press release.” MEDIA MATTERS – “Matt Siegel tells KISS 108 listeners, ‘Matty Out’ on ‘Matty in the Morning’ Show,” by Meghan Ottolini, Boston Herald: “Longtime radio host Matt Siegel signaled he may have left the airwaves for good after an on-air rant lambasting his KISS 108 ‘Matty in the Morning’ bosses.” IN MEMORIAM – “Jane Flavell Collins, courtroom sketch artist of Bulger, Lori Loughlin, and more, dies at 84,” by Bryan Marquard, Boston Globe: “Arriving at court with soft black charcoal, pastels, and sheets of art paper, Jane Flavell Collins became the eyes for those who would never sit close to some of her era’s most notorious criminals.” TRANSITIONS – Harvard Business School’s Jim Matheson joins FirstLight Power’s board of directors. The Boston Globe’s venerable Adam Vaccaro is joining the communications team at sustainability nonprofit Ceres. Thread. HAPPY BIRTHDAY – to UMass Journalism's Kathy Roberts Forde, CTP Boston's Corey Welford, former state Rep. Juana Matias, Allison Goldberg, Kathy Giles, Matt Solberg, Charlotte Zanecchia and Bill Broadway. Happy belated to State House News Service scribe Katie Lannan. Want to make an impact? POLITICO Massachusetts has a variety of solutions available for partners looking to reach and activate the most influential people in the Bay State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness among this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Jesse Shapiro to find out how: jshapiro@politico.com.   SUBSCRIBE TO "THE RECAST" TODAY: Power is shifting in Washington and in communities across the country. More people are demanding a seat at the table, insisting that politics is personal and not all policy is equitable. The Recast is a twice-weekly newsletter that explores the changing power dynamics in Washington and breaks down how race and identity are recasting politics and policy in America. Get fresh insights, scoops and dispatches on this crucial intersection from across the country and hear critical new voices that challenge business as usual. Don't miss out, SUBSCRIBE . Thank you to our sponsor, Intel.       Follow us on Twitter Lisa Kashinsky @lisakashinsky   Subscribe to the POLITICO Playbook family Playbook  |  Playbook PM  |  California Playbook  |  Florida Playbook  |  Illinois Playbook  |  Massachusetts Playbook  |  New Jersey Playbook  |  New York Playbook  |  Brussels Playbook  |  London Playbook View all our politics and policy newsletters FOLLOW US

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From Sept 14, 2020: Appeals court hears arguments in Aquinnah gaming case

 

Appeals court hears arguments in Aquinnah gaming case

By Ethan Genter 

Posted Sept 14, 2020 

BOSTON — The Wampanoag Tribe of Gay Head (Aquinnah) and the town of Aquinnah took their arguments over the tribe’s planned bingo hall to a virtual hearing with the U.S. First Circuit Appeals Court on Monday.

The tribe is trying to build the bingo hall on its land on the western end of Martha’s Vineyard under the Indian Gaming Rights Act and argues that it should not be subject to local and state zoning and building regulations. The town, which along with the state and a local taxpayers group has been locked in legal battles with the tribe for years, contends that the tribe, as determined in a lower court’s ruling, has to go through the local permitting process to build the gaming facility.

The crux of the appeal is whether the Indian Gaming Rights Act preempts state and local laws on construction, occupancy and operation of the facility. The previous judgment from U.S. District Court Judge Dennis Saylor in 2019 found that the state and town can’t impose gaming laws on the tribe, but the tribe has to comply with construction and operation regulations.

Each side had 15 minutes to make their case in front of the appeals court, though much of the time was spent answering questions from the three justices.

The tribe’s attorney, Scott David Crowell, argued that Saylor’s ruling allows the town to block the gaming facility indirectly. He told the court that the town can’t treat the tribe like any other developer in the permitting process, because no other entity on the island can build a gaming facility.

If the town is allowed to impose zoning, Crowell said, it would give the municipality the ability to lay on restriction after restriction until the project dies.

“This opinion, if allowed to stand, allows the town and the Martha’s Vineyard Commission to kill the tribe’s gaming operation with a thousand cuts,” Crowell said.

The town’s attorney, William Jay, argues that the Indian Gaming Rights Act protects the tribe’s right to a gaming facility, but doesn’t shield it from local regulations not related to the gaming aspects of the project.

Saylor did say that the town cannot indirectly block the tribe’s right to a gaming facility and could bring any such issues back to the court.

“If the question is whether generally applicable town ordinances, such as a zoning plan, can be used to prevent gaming specifically ... the district court made very clear that it wasn’t passing on any such theory,” Jay said. “That doesn’t mean neutral, generally applicable laws don’t apply and that is the concept that the tribe resists.”

That could include aesthetic, parking and environmental restrictions, he said.

Judge William Kayatta saw potential problems with that argument.

“I think you could see though that any one of those that you just mentioned — regulations — could be applied in a way with a ‘wink-wink’ that effectively precludes successful operation of a casino,” he said.

If that’s the case, the tribe could file a federal complaint, Jay said, possibly foreshadowing continued legal battles for years to come — a future that Judge O. Rogeriee Thompson saw as a possibility.

“So this could go on and on and on,” she said.

No decision was made and the issue — which has attracted several other parties including the National Congress of American Indians, United South and Eastern Tribes Sovereignty Protection Fund and the Martha’s Vineyard Commission to weigh in via amicus briefs — was taken under advisement. Construction on the facility was halted after Saylor’s order last year.

The tribe previously said that the hall would be a 10,000-square-foot gaming facility located on tribal trust land at 1 Black Brook Road. The hall would include 250 electronic gaming machines, a beer and wine bar, an outdoor seating area and a mobile food vendor area.

 

Federal lawmakers push to waive COVID-19 cost-sharing for tribes

By Jessica Hill

Posted Aug 9, 2020 

WASHINGTON — Members of the Massachusetts congressional delegation have sent another letter to President Donald Trump asking that he direct the Federal Emergency Management Agency to waive cost-share requirements for all COVID-19 related assistance for the state’s two federally recognized tribes.

The delegation had written to Trump in April urging him to direct FEMA to increase its federal cost share to 100% for the Mashpee Wampanoag Tribe and the Wampanoag Tribe of Gay Head (Aquinnah).

The chairpersons for both tribes also had written to Trump in April requesting a waiver from any cost-share, citing the financial hardship the tribes have been facing by the pandemic, according to the letter.

“We have not received a reply to our letter, nor have the tribal nations received a response to their requests,” the lawmakers wrote in the letter. “Given the emergency faced by the tribal nations, and their nation-to-nation relationship with the federal government, further delays are unacceptable.”

The letter stated that the two tribal nations do not have a tax base to help cover the cost of services to their citizens. Because of that, they have not been able to implement all of the emergency measures they could have if they did not have to share the cost.

Several tribal nations have COVID-19 case rates higher than any state in the United States, the letter said, and “Indian Country has not received adequate resources for public health and emergency management, either before or during this public health emergency.”

Sens. Elizabeth Warren and Edward J. Markey along with U.S. Reps. William Keating, Stephen F. Lynch, Katherine Clark, Lori Trahan, Joseph P. Kennedy III, James P. McGovern, Richard E. Neal, Seth Moulton and Ayanna Pressley all signed the letter.

“Granting the requests of the Wampanoag Tribe of Gay Head (Aquinnah) and the Mashpee Wampanoag Tribe,” the letter states, “and waiving the traditional cost share requirements for all COVID19–related assistance to them, will better empower them to address this pandemic.”

Mashpee, Aquinnah tribes awarded federal housing funds

Mashpee, Aquinnah tribes awarded federal housing funds

By Jessica Hill

Posted Apr 3, 2020 

BOSTON — The U.S. Department of Housing and Urban Development will give almost $250,000 to the Mashpee Wampanoag Tribe for COVID-19 relief.

Regional Administrator David Tille announced Friday that the department would give a total of $393,246 in Indian Housing Block Grants to two Massachusetts tribes in response to the ongoing pandemic.

The Mashpee tribe will receive $248,685, and the Wampanoag Tribe of Gay Head (Aquinnah) will receive $144,561.

The funding, which is part of $200 million in funding being awarded to tribes across the nation, will go toward affordable housing activities, according to a statement from HUD.

The money can be used for housing development, operation and maintenance, modernization of existing housing, crime prevention and safety activities, housing management services and other activities that provide creative approaches to solving affordable housing problems in Indian Country, according to a statement.

“This funding will aid our Massachusetts tribes in their fight against COVID-19,” Tille said in the statement.

Michelle Tobey, housing director for the Mashpee Wampanoag Tribe, said the money would go toward helping tribal members pay rent and mortgages to avoid foreclosures.

The tribe is also in the process of securing a motel to shelter vulnerable homeless tribe members and those who need to self-isolate away from families during the virus outbreak, Tobey said.

On March 20, the tribe spoke with HUD officials, who indicated that the tribe must put together policies and procedures for using the money, Tobey said. Since that conversation, the Mashpee Wampanoag Housing Department has been forming policies and figuring out where the funds will go.

“Now that the funding has been allocated, we are ready to go,” Tobey said.

The fund set aside for rent and mortgages will help some, but not all, tribe members in need of assistance, she said.

“This is a frightening time for our tribal families and the country,” Tobey said. “Our main objective is to keep our tribal members safe during this pandemic.”