In the latest volley between the town and tribe over the future bingo hall in Aquinnah, tribal leaders agreed this week to halt work on the site until legal issues can be resolved.
Following signs of new construction activity on the site at 1 Black Brook Road, on Tuesday Aquinnah building inspector Leonard Jason Jr. visited the site to issue a cease and desist order.
“I personally observed the construction of footings and foundation walls, and observed the presence of rebar. The above activities require a building permit from the town, which has not been sought or issued,” Mr. Jason wrote in the order.
The town and tribe remain at odds over the question of a building permit for the project.
A U.S. District Court judge ruled early this month that while the tribe has the right to build the bingo hall, it still must adhere to local and regulatory building requirements, including obtaining building permits from the town.
Last week, attorneys for the tribe filed a motion in federal court requesting a stay of the ruling issued by Judge Dennis Saylor 4th, arguing that the tribe will suffer irreparable harm and significant monetary loss while the bingo hall remains unbuilt. The tribe argued that it follows its own regulatory standards that are as good or better than local codes.
A stay would allow construction to begin while the tribe appeals to the U.S. Court of Appeals First Circuit.
There has been no ruling yet from Judge Saylor.
Meanwhile, town officials said work had commenced again at the construction site, with footings installed and rebar and foundation forms placed on the site.
“The tribe continues to work on the casino . . . That is in total contravention of the injunction that the federal court issued two weeks ago. I just want to make that known for the record,” town administrator Jeffrey Madison told selectmen at their meeting Tuesday.
In a statement issued the following day, tribal chairman Cheryl Andrews-Maltais said the work being done at the site was simply to ensure safety.
“Our position is that while the tribe and the town disagree on what work needs to be completed in order to ensure the construction site is secured safely, the tribe remains committed to ensuring the safety of the site,” Ms. Andrews-Maltais said in a text message to the Gazette. “We are fully complying with the court order and will continue to do so pending our appeal. The tribe is discussing available options to ensure site safety with the town, and we’re optimistic that we will reach an agreement soon.”
An exchange of correspondence between attorneys for the town and tribe echoed similar sentiments.
In a letter to Douglas Kline, a partner at Goodwin in Boston who represents the town, Lael Echo-Hawk, an attorney with MThirtySix PLLC, a tribal advocacy group in Washington, D.C., confirmed that Mr. Jason had been allowed to come onto the tribal property Tuesday to deliver the stop-work order, and that work had been halted.
“We want to be clear that the tribe’s actions since the issuance of the final judgment have been to shut down the site and to do so in a manner that protects public safety,” Ms. Echo-Hawk wrote in part.
In reply, Mr. Kline wrote in part: “Thank you. Please just let me know if the tribe would like to arrange a meeting.”
Noah Asimow contributed reporting.
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