Mashpee Wampanoag Lawsuits Continue To Thwart Brockton Casino Hopes

The state of litigation concerning the Mashpee Wampanoag lawsuits was discussed in a recent Massachusetts Gaming Commission meeting. Massachusetts currently houses three commercial casinos, but the possibility of having a fourth casino was hindered due to these legal disputes.

The lawsuits revolve around the federal government’s ability to acquire land in the Bay State for the tribe, which directly impacts the MGC’s authority to grant a gaming license to a commercial operator in the Brockton area.

History preceding the Mashpee Wampanoag lawsuits

In order to comprehend this situation, it is necessary to possess knowledge about events that occurred from 1934 onwards, specifically the passing of the Indian Reorganization Act by the US Congress in that same year.

The aforementioned legislation conferred the US Department of the Interior with the power to acquire land for federally recognized indigenous tribes, but it did not include the Mashpee Wampanoag tribe at that moment.

In 2007, the tribe successfully achieved federal recognition. However, soon after, the DOI made an attempt to acquire land and establish a reservation for the tribe.

However, in the 2009 Carcieri v. Salazar decision, the US Supreme Court successfully challenged that notion. According to the court, the Department of the Interior (DOI) was only authorized to acquire land for tribes that had federal recognition at the time the Indian Reorganization Act (IRA) was enacted in 1934.

After a span of four years, a mutually acceptable agreement was finally reached between the state of Massachusetts and the tribe. However, in the year 2016, the Department of the Interior (DOI) made another endeavor to acquire land on behalf of the tribe, resulting in yet another legal dispute.

Once more, the litigation effectively halted the DOI’s actions. In the previous year, the tribe initiated a lawsuit of its own.

The tribe’s casino hopes rest on ongoing lawsuits

The Mashpee Wampanoag Tribe v. Barnhardt case involves the tribe disputing the ruling that they do not fall within the federal jurisdiction as per the definition of “Indian” in the IRA of 1934.

The ongoing lawsuit remains in the federal court for the District of Columbia, despite an unsuccessful attempt to transfer it to a federal court in Massachusetts.

The tribe is currently involved in another lawsuit, which is awaiting a decision from the federal First Circuit Court of Appeals for Massachusetts. In the case of Littlefield v. Mashpee Wampanoag Indian Tribe, the tribe has recently lodged an appeal against a previous court ruling that denied their eligibility for federal recognition under the IRA.

A victory in either case would hold great significance for the tribe, even though there is no specific timeline for either. It would grant them the exclusive right to provide casino gaming in the southeastern region of the Bay State, a goal they have been passionately pursuing for years, particularly in Taunton.

Alternatively, a loss could provide an opportunity for commercial developers to enter the region.

Rush Street in a hurry for Brockton casino license

The recent inquiry conducted by the MGC primarily centered around the potential for legal losses in court. This concern arose due to the interest of a developer who intends to establish a casino in Brockton, a location in close proximity to Taunton.

During the meeting on Thursday, Rush Street Gaming, one of the interested parties, submitted a letter to the MGC. In the letter, the potential developers asked a few questions and outlined several points.

The developers sought information regarding the potential submission of a fresh application for a casino license. Additionally, they emphasized that a comprehensive feasibility study had already been conducted on the matter.

The letter also conveyed the belief that the tribe’s legal actions were in vain. Nonetheless, it did highlight one potential complication in the scenario.

In May, a bill was passed by the US House specifically granting federal recognition to the Mashpee Wampanoag tribe. However, the US Senate has not made any progress on it, as its enactment could potentially impact one or both of the tribe’s cases in their favor.

Massachusetts residents should be aware that there is a developer showing interest in establishing a commercial casino in Brockton, and the MGC is considering granting the necessary license. Nevertheless, the current legality of this action in the state is uncertain.

The state’s commercial casinos will continue to operate as a triumvirate until the cases concerning the tribe are resolved.