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REEL WAMPS
WAMPALEAKS
GLADYS KRAVITZ
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State regulators wade through Mashpee tribe’s casino issues
Gaming Commission updated on Wampanoag’s ongoing legal battles.
BOSTON — As they continue to mull the question of issuing the final casino license available under an 8-year-old law, gaming commissioners were brought up to speed Thursday on the complex web of litigation and legislation surrounding the Mashpee Wampanoag Tribe’s quest to secure land in trust, on which it intends to build a casino in Taunton.
The briefing from the Gaming Commission’s executive director and legal team was meant to give the decision-makers a sense of the ongoing legal wrangling over the decision to approve the tribe’s land in trust, which was granted by the Obama administration but overturned and thrown into doubt by the Trump administration. The tribe planned to construct its $1 billion First Light Resort and Casino on tribal land in Taunton, a project that would have a significant impact on the state’s commercial casino industry.
Region C, the commission’s name for Bristol, Plymouth, Barnstable, Dukes and Nantucket counties, has been an unsettled matter for the commission for years. In 2016, when it appeared a tribal casino in Taunton was likely, regulators rejected a proposal for a commercial casino in Brockton. Since then, the commission has discussed reopening the bidding for Region C, but has not been in any rush to take that step.
“What we’re attempting to do here is to provide a framework for the beginning of that discussion,” Executive Director Edward Bedrosian told commissioners at the outset of the briefing Thursday.
A federal judge’s ruling later in 2016 nullified the Obama administration’s decision to grant the Wampanoag a 320-acre reservation on which the tribe planned to construct a resort casino and President Donald Trump’s administration last year officially reversed the Obama-era declaration.
Since then, the tribe’s efforts to secure its land in trust status have been tied up in federal court. Deputy General Counsel Todd Grossman walked commissioners through the three main cases at play. One is Littlefield et al. v. U.S. Department of the Interior, in which a judge ruled in 2016 that the land could not be held in trust. That verdict was appealed to the U.S. Court of Appeals for the First Circuit and the appeal remains pending.
There’s also a case in U.S. District Court for the District of Columbia — Mashpee Wampanoag Tribe v. Interior Secretary David Bernhardt — in which the tribe argues that the Department of the Interior secretary failed to properly consider extensive factual evidence it submitted to make the case that it should be eligible for land in trust.
Associate General Counsel Justin Stempeck told commissioners that the D.C. district case is “pending with multiple current summary judgment motions” and he estimated that no resolution would come until the latter end of a six- to nine-month window.
As the tribe works to secure its land in trust through the courts, U.S. Rep. William Keating, who represents Taunton and Mashpee, has pushed legislation that would use the power of Congress to reaffirm the 2015 decision by the Interior Department to take land into trust for the tribe, though Trump has opposed it.
The U.S. House of Representatives voted 275-146 in May to approve that bill, titled the Mashpee Wampanoag Tribe Reservation Reaffirmation Act, and it has not moved since being referred to the U.S. Senate that same month.
In addition to getting up to speed on the lawsuits and federal legislation involving the tribe, the commission also agreed in October to have its staff draft a request for information that would solicit information on all sorts of relevant Region C matters, like the state of the gaming market, local support and more.
Commission Chairwoman Cathy Judd-Stein said she was interested in questions that “reflect the struggle we have with respect to equity” and include an examination of the statewide implications of a Region C casino as well as the impact to the surrounding communities.
“I think we do have an obligation to consider the best interest of the commonwealth as well as the region,” she said. “It’s not lost on I don’t think any of us here that Region C folks, not all, may be interested in having a casino because of the economic benefits that we’ve seen coming through both regions A and B, yet we are not obligated ... to issue another license. So I am particularly interested in the question around the impact of Region C in the absence of our issuing a license.”
One concern, as expressed by local officials and others, is that commercial casino operators might not be willing to invest the minimum $500 million in a project that could have to compete with a nearby tribal casino. If the Gaming Commission opts to go ahead with licensing a commercial casino in Region C and the tribe is allowed to open its own casino under federal law, Massachusetts would receive no tax revenue from the tribal casino.
The commission did not vote to take any particular action Thursday but agreed to provide feedback on an eventual new draft prepared by staff at a later date.
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