Judge sides with plaintiffs trying to block Taunton casino

A U.S. District Court judge sided with plaintiffs who want to stop the Mashpee Wampanoag Tribe from building its $1 billion First Light Resort and Casino in Taunton. / COURTESY FIRST LIGHT
A U.S. District Court judge sided with plaintiffs who want to stop the Mashpee Wampanoag Tribe from building its $1 billion First Light Resort and Casino in Taunton. / COURTESY FIRST LIGHT

TAUNTON – A U.S. District Court judge sided with plaintiffs who want to stop the Mashpee Wampanoag Tribe from building its $1 billion First Light Resort and Casino here.
“Judge Young’s decision affirms what we learned and what we’ve been saying over the last four-and-a-half years,” Michelle Littlefield, who filed suit with her husband, David, and other residents, told the Boston Globe.
Littlefield told the newspaper the plaintiffs fought the federal decision because of the loss of local and state jurisdiction.
“It isn’t about a casino, it’s about land in a trust, and it’s now under state and local control,” she told the Globe. “Our goal has always been that there be local and state oversight.”
At issue is whether the U.S. Department of the Interior had the authority to approve the Mashpee reservation last year.
U.S. District Court Judge William G. Young, in an order filed July 28, wrote that “In light of the Supreme Court’s interpretation of ‘now under Federal jurisdiction’ to mean under Federal jurisdiction in June 1934, the secretary lacked the authority to acquire land in trust for the Mashpees, as they were not then under Federal jurisdiction.”

The Mashpee were federally recognized in 2007. The tribe began work on the casino this spring.

Last September, the tribe announced it received approval from the federal government to re-establish its sovereign lands in Taunton and Mashpee, a decision that allowed the tribe to proceed with construction of a resort casino.
The U.S. Department of Interior decision featured taking 321 acres of tribal land into trust on behalf of the Mashpee Wampanoag. The department transferred 151 acres within the city of Taunton and 170 acres of land in Mashpee, on Cape Cod, into federal trust to benefit the tribe.

Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell issued the following statement regarding the ruling:

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“Obviously, we are disappointed in the ruling. The Mashpee Wampanoag Tribe has been a continuous tribe descended from the indigenous people who have lived on this land for the past 12,000 years. Furthermore, our tribe was indeed under federal jurisdiction before 1934. We submitted evidence of that with our land-in-trust application. This matter has been remanded back to the U.S. Department of Interior and we are consulting with the Interior and Justice Departments on the next steps, as we expect an appeal will be forthcoming. Our people have been challenged throughout history and we are still here, living on the land of our ancestors. I have no doubt we will prevail,” Cromwell said.

The Massachusetts Gaming Commission said it is reviewing the latest federal court decision in the case of Littlefield et al vs. U.S. Department of Interior.
“Today’s outcome reflects the uncertainties that have long been part of the commission’s deliberations in Southeastern Mass. At a time deemed appropriate, the commission will engage in a public discussion to further our review of what course of action will be in the short and long-term best interests of Southeastern Mass. and the Commonwealth,” a statement from commission spokeswoman Elaine Driscoll reads.

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