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TAUNTON — Will gaming be permitted within the upcoming welcome center being constructed in East Taunton on the reservation land allocated for the Mashpee Wampanoag Tribe’s First Light Resort and Casino?
A recent correspondence from Taunton Mayor Shaunna O’Connell to the City Council, dated Dec. 23, reveals that in addition to “native artifacts illustrating the Tribe’s historical heritage,” the welcome center will feature “10 gaming machines.”
O’Connell communicated to the Taunton Daily Gazette in a written note that, based on discussions with representatives of the Mashpee Wampanoag Tribe, “limited gaming will be available at the Welcome Center as an introduction,” although she did not clarify whether this “gaming” will involve gambling that accepts money and distributes winnings.
Does the tribe require any permits or licenses prior to starting gaming?
O’Connell stated that her administration has engaged with state gaming commissioners who have confirmed that the welcome center does not need any additional city or state authorizations to initiate gambling activities inside the welcome center.
What position does the Tribe hold regarding gaming machines at the welcome center?
Mashpee Wampanoag Tribe spokesperson Steven Peters, during a phone interview on Thursday, Dec. 26, stated that the Tribe is choosing not to disclose further information regarding the welcome center, including its gaming machines, at this moment.
Peters had previously commented on the welcome center: “Our new welcome center will serve as a venue to learn about our history, connect with our culture, and envision the future of our reservation lands. Here, everyone is welcome to preview the advantages of project First Light and witness what tribal stewardship of our land entails.”
Peters reiterated a recent statement made by Tribal Council Chair Brian Weeden, indicating that plans would be shared with the public in early 2025.
City mandates Tribe to conduct public presentation regarding casino
The mayor’s correspondence specified that the city requires a public presentation to the City Council by representatives from the Mashpee Wampanoag Tribe concerning First Light.
“This presentation will detail the way forward for the First Light Project,” O’Connell stated.
The city will also necessitate a memorandum of agreement (MOA), which the City Council will decide upon following the presentation, as per the mayor.
“The MOA will guarantee that the Tribe’s financial responsibilities to the City are fulfilled,” the mayor conveyed in the letter.
When will the tribe update the city?
The mayor’s letter indicated that the Tribe is anticipated to provide a public presentation in mid to late January, with the City Council’s vote on the MOA occurring in late January or early February.
Tribe is addressing illegal dumping at casino location
Beginning earlier this month, the Tribe has been engaged in cleaning and beautifying the site, situated at the junction of Stevens Street and O’Connell Way, to remediate illegal dumping issues that have plagued the land over the years.
2012 agreement obligates Tribe to make yearly payments to city
The city entered into an Intergovernmental Agreement (IGA) with the Tribe in 2012.
In addition to a description of First Light and anticipated traffic mitigation strategies for the region, the IGA details the financial contributions the city will obtain from this project.
Alongside a “guaranteed amount” of $8 million per year once the casino opens its doors to the public, there is also a payment in lieu of taxes (PILOT) framework that stipulates payments for services such as road maintenance and public utilities. Entities like charities and universities frequently engage in similar types of agreements with municipalities.
Tribe owes city $2.4 million in overdue payments
The Tribe presently has outstanding payments to the city amounting to $2.4 million for four years. The Tribe had consented to make payments to the city in light of the tax revenue the city forfeited due to the transformation of industrial land into a vacant area that could potentially be the site of a future casino.
O’Connell stated in her letter to the City Council that the establishment of a memorandum of agreement is not intended to replace the intergovernmental agreement, nor is the intergovernmental agreement being re-examined.
“This process is not a re-negotiation of the IGA but rather a channel to a phased project approach. The IGA remains intact,” she remarked.
Prolonged legal dispute
Shortly after the Mashpee Wampanoag commenced construction in 2016 on the First Light Resort & Casino, a lawsuit was initiated by residents in East Taunton claiming that the land could not lawfully be placed into a trust by the U.S. Department of the Interior, according to the Indian Reorganization Act of 1934.
Even though the Tribe obtained federal recognition in 2015, the lawsuit challenged whether members of the Mashpee Wampanoag Tribe could be categorized as “Indians,” a criterion necessary for the tribe to qualify for trust lands.
The residents achieved success in U.S. District Court in 2016 when a federal judge determined that the tribe was not under federal jurisdiction at the time the Indian Reorganization Act was enacted.
The Interior Department, which belongs to the executive branch, subsequently deliberated whether Massachusetts’ control over the tribe could be viewed as a substitute for federal jurisdiction, ultimately deciding against the Tribe and overturning the decision to place the land into trust.
Throughout the ensuing seven years, multiple appeals and new lawsuits emerged, with shifting U.S. presidential administrations affecting the outcomes in some instances.
In February 2023, the U.S. District Court concurred with the Department of the Interior’s 2021 reversal of its earlier ruling, affirming the Tribe’s entitlement to reservation land. Then, in October 2023, the U.S. First Circuit Court of Appeals in Boston determined that the U.S. Department of the Interior is permitted to hold land in trust for the Mashpee Wampanoag Tribe.
In April 2024, the U.S. Supreme Court declined to hear a petition to overturn the First Circuit Court of Appeals ruling — allowing the Tribe’s triumph to remain intact and paving the way for the Taunton casino project to progress.
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