In the view of Aquinnah police chief Doug Fortes, the turning point came in the fall of 1999, when rangers from the Wampanoag Tribe of Gay
Head (Aquinnah) came back from a trip to the Oneida Indian Nation in upstate New York, packing a half dozen Glock nine-millimeter semi-automatic pistols.
The Aquinnah building inspector filed a lawsuit this week against
the Wampanoag Tribe of Gay Head (Aquinnah) to test the question of
whether the tribe must follow local zoning rules.
"A genuine controversy exists on this issue requiring judicial
guidance," wrote Aquinnah town counsel Ronald H. Rappaport in the
complaint.
A federal mediator yesterday waded into the dispute between
officials in Aquinnah and the Wampanoag Tribe of Gay Head (Aquinnah)
over the tribe's plans to form its own police force.
The question of whether claims of sovereignty entitle the Wampanoag
Tribe of Gay Head (Aquinnah) to skirt local and state laws will be
decided in Dukes County superior court, rather than a federal district
court in Boston where lawyers for the tribe wanted the case tried.
U.S. District Court Judge Douglas P. Woodlock heard the case of
Aquinnah building inspector versus the Wampanoag Tribal Council of Gay
Head Wednesday and questioned whether the federal court has jurisdiction
over the civil action. The outcome of the case will determine whether
the town has zoning jurisdiction on tribal lands.
A special superior court sitting is now set for next month in
Edgartown on a case that will ultimately decide whether the Wampanoag
Tribe of Gay Head (Aquinnah) has the power to police itself when it
comes to local zoning rules. The case will also decide the much larger
issue of whether the tribe cannot be sued because of sovereign immunity.
The case has attracted little attention, despite the fact that the
outcome could have far-reaching implications for every town on the
Vineyard.
For the first time since the mid-nineties, the Wampanoag Tribe of Gay Head (Aquinnah) is looking at favorable odds in its bid to build a high-end casino in southeastern Massachusetts.
For months now, Wampanoag tribal chairwoman Beverly Wright has been telling her constituents and at least one federal agency that the tribe's finances are in terrible shape, riddled with debts from failed business ventures.
A general store, a delicatessen and a shellfish hatchery -
they were all supposed to add up to profits for the only federally
recognized Indian tribe in the state, the Wampanoag Tribe of Gay Head
(Aquinnah).
It's in Rhode Island, where tempers are running hot in an
ongoing skirmish between the Narragansett Indian Tribe and state
attorney general over whether the tribe can sell tax-free tobacco.
It's in the Hamptons, where the Shinnecock Indian Nation has
begun to clear land for a casino, contravening local zoning and state
gaming laws.
