State “Not Ready” for Aquinnah Tribe Casino Talks

The latest news in the quest to open a gambling casino came in the form of a letter from Gov. Deval Patrick’s legal advisers last Friday.

According to an article in the Cape Cod Times, the letter said, “The state is not ready to begin compact negotiations with the tribe but agreed to sit down for a “candid lawyers' discussion about the Aquinnah and its circumstances."

While Aquinnah leaders are still feeling hopeful, they have not ruled out pursuing taking the matter to federal court if necessary.

A statement from Aquinnah Chairwoman Cheryl Andrews-Maltais said, "Our attorneys had frank and constructive discussions during the meeting referenced in the letter. We are hopeful that formal negotiations will commence immediately. Otherwise, we will pursue those legal remedies available to us."

According to lawyers hired by the Patrick administration, the Aquinnah’s land settlement signed in 1985 "acknowledges, preserves and protects the commonwealth's authority to regulate gaming both on the Aquinnah's land in Gay Head and on any after-acquired land within Massachusetts."

However, according to the tribe, federal Indian Gaming Regulatory Act supersedes that land agreement. "If the governor refuses to negotiate, (the act) provides for specific remedies that we will pursue in federal court," Andrews-Maltais said.

The Cape Cod Times reported that, “According to the National Indian Gaming Association, states are obligated to negotiate compacts with federally recognized tribes to lay out the conditions, regulations and limitations for Class III gaming, which includes slots and table games.”

In addition to pursuing the possibility of building a casino on tribal land in Aquinnah, the tribe is also looking into the possibility of building a casino off Island. Currently, the tribe has land under agreement in , and for possible casinos.

Freetown will hold an election on May 29^th to see if their residents are interested in the idea of an Aquinnah casino in their town and Lakeville residents will do the same on June 2^nd.

At the same time, the Mashpee Wampanoag tribe has begun its compact negotiations with Patrick for a casino project they are planning in Taunton. A citywide vote on that casino will be held in Taunton on June 9th.

Gov. Patrick has until July 31 to negotiate a compact with one of the state's two federally recognized tribes for a Southeastern Massachusetts casino. The Cape Cod Times reported that, “If that deadline is not met, the state's Gaming Commission is authorized to put the license out to competitive bid.”