Update: The Island’s smallest town could be headed for the biggest legal stage.
In a meeting Thursday afternoon, the board of selectmen authorized town counsel Ronald Rappaport to “pursue all appellate avenues of relief including pursuing taking the case to the Supreme Court,” town administrator Adam Wilson wrote in an email.
The vote was 2-0 with Juli Vanderhoop and Gary Haley in attendance. Selectman Jim Newman participated in Thursday’s executive session discussion via video conferencing, but did not vote on the decision to move forward.
That had to do with timing, Mr. Wilson told the Times. Ms. Vanderhoop arrived to the meeting late and Newman had to sign off, he said. “He was not available for the vote, but he was supportive of moving forward and he made that clear,” Mr. Wilson said.
The town’s by-laws do allow for remote participation, Mr. Wilson said.
Last week, the First Circuit Court of Appeals found that a U.S. District Court judge erred when he ruled that the Wampanoag Tribe of Gay Head (Aquinnah) failed to demonstrate governmental control over its land.
The ruling was a blow to the Town of Aquinnah and the association, which have fought alongside the state to oppose a gambling hall on the Island. The tribe has floated the idea of featuring electronic bingo machines, which look like slot machines, inside a community center saying it would bring about $4 million in revenue to the tribe.
The town’s decision to seek an appeal comes one day after the Aquinnah/Gay Head Community Association (AGHCA) announced that it also planned to pursue an appeal of the First Circuit ruling.
“AGHCA and its attorneys have reflected on the recent decision of the First Circuit Court of Appeals and believe that decision is materially incorrect in a number of aspects,” Larry Hohlt, president of the association, wrote in an email. “Accordingly, we also confirm that we will continue our efforts (presumably along with the Commonwealth and the town of Aquinnah) in this litigation, including if need be, and if the court accepts the case, to the U.S. Supreme Court.”
The tribe has remained quiet about the ruling since issuing an initial statement applauding the First Circuit’s decision in the case.
The state, which initially brought the suit against the tribe in 2013, has remained non-committal since the ruling was released.
Then-Gov. Deval Patrick filed suit against the tribe in state court to block the tribe’s plans for the Island gambling hall. The suit claimed the tribe’s plans would breach a 1987 settlement agreement.
The Aquinnah Wampanoag assert that the Indian Gaming Regulatory Act (IGRA), which was approved by Congress in 1988, supersedes the settlement agreement. IGRA authorizes tribes to allow gambling on tribal lands in states where it is legal. A tribe needs a compact with a state to offer a full-fledged casino, but to offer Class II gaming it only needs authorization from federal agencies.
Despite the vote to pursue a possible U.S. Supreme Court appeal, that remains a tough path for the town and community association. The nation’s highest court only takes about 1 percent of the cases it’s asked to resolve.
Editor’s note: This story has been updated to clarify Mr. Newman’s participation in the discussion.
The post Aquinnah selectmen authorize appeal of tribe ruling appeared first on Martha's Vineyard Times.
