Tribe says they have legal right for casino on Martha’s Vineyard

A lawyer for the tribe argued in US District Court in Boston that the US Supreme Court decades ago established the right of tribes to operate gambling facilities, and that Congress followed by enacting a law in 1988 that spelled out in detail how tribes may exercise that right.

But lawyers for those opposing a casino on Martha’s Vineyard argued that right does not apply to the Aquinnah. The lawyers said the tribe freely gave away that right in a deal in 1983 that granted the Aquinnah hundreds of acres of disputed land on the island in exchange for the Aquinnah’s promise to not open a casino. Congress enacted that deal into law in 1987.

Now it is up to Judge F. Dennis Saylor IV to decide which of the two Congressional enactments is controlling. By doing so, he will decide whether the Aquinnah may proceed with their plans or whether the town of Aquinnah may enforce its ordinance banning casinos.

Saylor heard about 90 minutes of arguments on Wednesday, then declared he would take some time before rendering a decision at a later date.

The Aquinnah say a marketing study commissioned by the tribe shows that it could earn close to $5 million a year from a casino.

Last month, the tribe announced plans to convert a 6,500-square-foot community center on its reservation into a casino.

“The reason we are here is that the tribe needs the revenue to service its people,” said Scott Crowell, the tribe’s lawyer. “That’s the right Congress intended to bestow on tribes.”

Crowell said the Aquinnah’s promise not to open a casino remained in effect only until Congress superseded it a year later with the Indian Gaming Regulatory Act. That law repeals the earlier deal, though not explicitly, Crowell said.

Lawyers for the casino opponents, which include the town, the state, and a group of private landowners, say if Congress meant to repeal the no-casino deal it would have done so explicitly.