Naomi Carney of the Aquinnah Wampanoag Gaming Corp. and Cheryl Andrews-Maltais of the Aquinnah tribe.
(John Tlumacki/ Globe Staff)
Rival tribe says its casino would be better for Mass.
Naomi Carney of the Aquinnah Wampanoag Gaming Corp. and Cheryl Andrews-Maltais of the Aquinnah tribe.
(John Tlumacki/ Globe Staff)
A second Indian tribe has launched an effort to open a casino in Fall River, setting up a competition for a coveted state license and threatening to further divide the state’s gambling market.
The Aquinnah Wampanoag Tribe said yesterday that it wants to build its gambling resort on 240 acres off Interstate 195, asserting that its proposal would be a better overall deal for the state than a rival plan by the Mashpee Wampanoag tribe. Aquinnah leaders took sharp aim at the Mashpee proposal, saying that tribe’s casino resort would block development of a biotechnology park that was previously planned for a 300-acre site on the city’s northern outskirts.
“Fall River can have the BioPark and a resort-style destination casino,’’ said Naomi Carney, chairwoman of the Aquinnah Wampanoag Gaming Corp. and a member of the tribal council. She asserted that the Aquinnah tribe would be able to build a casino swiftly if Massachusetts legalizes development of such facilities this year.
But state officials questioned the viability of the Aquinnah proposal, saying the tribe does not have the same legal standing to build a casino as the Mashpee tribe. Gregory Bialecki, secretary of housing and economic development, said the Aquinnah, based on Martha’s Vineyard, waived its right to build a casino on sovereign tribal land in an agreement it signed with the state in 1985.
“That agreement is binding and legally enforceable,’’ he said.
That point is significant because the Aquinnah and other tribes have long argued that federal law gives them the right to build on tribal land even if state officials do not grant them a license to do so.
Though the tribe’s land is on Martha’s Vineyard, it contends that it could put Fall River land into a federal trust and build a casino on its own.
But the Aquinnah, state officials said, surrendered that right by signing the 1985 agreement.
By contrast, the Mashpee Wampanoag tribe has not signed such an agreement, a fact Senate lawmakers cited in recently filed legislation that reserves one of three casino licenses for an Indian tribe. The Senate is expected to vote on the gambling bill later this month. If passed, it must be reconciled with a different gambling law passed by the House of Representatives earlier this year. Any final bill would also need the approval of Governor Deval Patrick, a casino supporter.
The issue of Indian gambling rights was one of several key issues discussed yesterday during a lengthy hearing at the State House on gaming legislation. The Aquinnah introduced their proposal outside the State House immediately before the start of the hearing.
“Bristol County and Southeastern Massachusetts is our home territory . . . and we want to continue to provide jobs and economic development for our region and the Commonwealth,’’ said Cheryl Andrews-Maltais, chairwoman of the Aquinnah tribe.
The Aquinnah tribe’s lawyer, Richard Bennett of the Boston firm Bernkopf and Goodman, said the tribe intends to pursue construction of a casino whether it gets a license from the state or not.
He argued that Bialecki and other officials are wrong in asserting that the tribe is blocked by its prior agreement.
“Under federal statute, they are allowed to do anything on trust lands which is legal within the Commonwealth of Massachusetts,’’ Bennett said. He also pointed out that two prior governors, Republicans Paul Cellucci and William Weld, entered into compacts to allow the Aquinnah to build a gaming facility on land in trust.
But those projects ultimately hit roadblocks, some of which are still standing in the tribe’s way.
In addition to the legal issues facing the Aquinnah tribe, Mayor William Flanagan of Fall River said yesterday that he has concerns about the location of the tribe’s proposed casino, adding that it would need considerable road improvements and is on the edge of a wildlife reserve.
Flanagan has signed an agreement with the Mashpee tribe to build a casino complex on city property Fall River sold to the tribe last month.
“The Mashpee’s proposal is light years ahead of the Aquinnah proposal,’’ Flanagan said.
He said the Aquinnah tribe has been unable to identify a financial backer for its project, while the Mashpee tribe has support from a Malaysian firm that has built casinos across the globe.
Bennett and the Aquinnah tribal leaders said they have had discussions with numerous investors, but could not publicly identify them yesterday.
“There’s a lot of funding for casino gaming, including for the Aquinnah,’’ Bennett said. “Funding is lined up. It’s just not an issue.’’
Casey Ross can be reached at cross@globe.com. ![]()





