Massachusetts v. Wampanoag Tribe

The Town of Aquinnah, one of the smallest towns in Massachusetts, reached a settlement years ago with the Wampanoag Tribe of Gay Head (Aquinnah), which Congress wrote into federal law. The settlement gives the Town the right to enforce its local laws on tribal land. The First Circuit held in 2017 that the Town could not regulate gaming. The issue is whether the Tribe can now argue that it can construct a casino without following the Town’s non-gaming laws, such as construction permitting. Goodwin’s brief for the Town argues that the Tribe previously waived any such argument and that it fails on the merits anyway.

Massachusetts v. Wampanoag Tribe – Reply

Aquinnah v. Massachusetts – Response

Download PDF