Massachusetts tribe loses federal appeal in Class II legal battle

In Massachusetts and the Wampanoag Tribe of Gay Head (Aquinnah) has reportedly lost its appeal against an earlier ruling that is preventing it from unilaterally bringing a Class II electronic bingo hall to land it owns on the island of Martha’s Vineyard.

According to a Thursday report from The Martha’s Vineyard Times newspaper, the federally-recognized tribe has long been hoping to open its envisioned Aquinnah Cliffs gaming venue on a 17-acre parcel of land situated near the tiny town of Aquinnah. However, this plan has purportedly attracted a number of legal actions from opponents who contend that the Wampanoag Tribe of Gay Head (Aquinnah) does not have the right to debut such a facility without first gaining local approvals.

Lengthy legacy:

At issue is reportedly a settlement the tribe inked with area officials in 1983 that gave it an around 400-acre plot in exchange for an assurance that it would submit to local and state zoning laws and agree to forfeit any other land or water claims. This was followed some four years later by the federal government’s endorsement of the Massachusetts Settlement Act, which made the newly-established reservation of the Wampanoag Tribe of Gay Head (Aquinnah) subject to state rules including those pertaining to the operation of gambling and bingo venues.

Federal foundation:

Nevertheless, a spanner was reportedly thrown into the

But the newspaper reported that the tribe’s hopes have now been shattered after the Boston-headquartered federal court upheld the earlier ruling from Judge Saylor to leave its plan to build the electronic bingo hall at the mercy of area officials.

Optimistic outlook:

Cheryl Andrews-Maltais (pictured) from the Wampanoag Tribe of Gay Head (Aquinnah) reportedly told The Martha’s Vineyard Times that she is ‘obviously disappointed’ in the new ruling as it aids the ‘continued persecution of the tribe’s rights.’ Nevertheless, she purportedly furthermore asserted that her group intends to continue fighting for the right to open a Class II electronic bingo hall on Martha’s Vineyard as the decision ‘makes clear that neither the town nor the Martha’s Vineyard Commission can use the permitting process to stop the tribe’s gaming facility from opening.’

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