United States District Court, D. Massachusetts
COMMONWEALTH OF MASSACHUSETTS, Plaintiff/Counterclaim-Defendant,
v.
THE WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH), THE WAMPANOAG TRIBAL COUNCIL OF GAY HEAD, INC., and THE AQUINNAH WAMPANOAG GAMING CORPORATION, Defendants/Counterclaim-Plaintiffs, and THE AQUINNAH/GAY HEAD COMMUNITY ASSOCIATION, INC. AGHCA and TOWN OF AQUINNAH,, Intervenors/Plaintiffs,
v.
CHARLES BAKER, in his official capacity as GOVERNOR, COMMONWEALTH OF MASSACHUSETTS, et al., Third-Party Defendants.
THIRD AMENDED FINAL JUDGMENT
F.
Dennis Saylor IV, United States District Judge
Pursuant
to Rule 58 of the Federal Rules of Civil Procedure, and in
accordance with the Court's July 28, 2015 Order entering
a preliminary injunction (Docket No. 140); the Court's
November 13, 2015 Order addressing cross-motions for summary
judgment (Docket No. 151); the mandate of the United States
Court of Appeals for the First Circuit dated January 5, 2016
(Docket No. 176); and the Court's June 19, 2019 Order on
the motion of the Town of Aquinnah for final judgment, it is
hereby ORDERED, ADJUDGED, AND DECREED as follows:
1. The
following definitions shall apply in this judgment:
a. The term “the Tribe” shall mean
defendants/counterclaim-plaintiffs the Wampanoag Tribe of Gay
Head (Aquinnah); the Wampanoag Tribal Council of Gay Head,
Inc.; and the Aquinnah Wampanoag Gaming Corporation.
b. The term “the Governmental and Private
Parties” shall mean plaintiff/counterclaim-defendant
the Commonwealth of Massachusetts;
intervenor-plaintiff/counterclaim-defendant the Town of
Aquinnah; intervenor-plaintiff the Aquinnah/Gay Head
Community Association, Inc.; and third-party defendants
Governor Charles D. Baker, Attorney General Maura Healey, and
Massachusetts Gaming Commission Chair Cathy Judd-Stein, all
acting in their official capacities.
c. The term “Settlement Lands” shall mean the
“settlement lands, ” as defined in 25 U.S.C.
§ 1771f(8), and any other land that may now or hereafter
be owned by or held in trust for any Indian tribe or entity
in the town of Aquinnah, Massachusetts.
d. The term “the Gaming Laws” shall mean the
laws, regulations, and ordinances of the Commonwealth of
Massachusetts and the Town of Aquinnah that prohibit or
regulate the conduct of bingo or any other game of chance.
e. The term “the General Regulatory Laws” shall
mean the laws, regulations, and ordinances of the
Commonwealth of Massachusetts, the Town of Aquinnah, and
other state and local governmental authorities other than the
Gaming Laws, including but not limited to any state and local
permitting requirements.
2.
Judgment is hereby entered in favor of the Tribe, and against
the Governmental and Private Parties, as to (a) the claims
brought by the Governmental and Private Parties, to the
extent that they seek relief providing that the Tribe must
comply with the Gaming Laws on the Settlement Lands, and (b)
the counterclaims and third-party claims brought by the
Tribe, to the extent that they seek relief providing that
such compliance with the Gaming Laws is not required.
3.
Judgment is hereby entered in favor of the Governmental and
Private Parties, and against the Tribe, as to (a) the claims
brought by the Governmental and Private Parties, to the
extent that they seek relief providing that the Tribe is
subject to the General Regulatory Laws in connection with the
construction, occupancy, and operation of a gaming facility
on the Settlement Lands, and (b) the counterclaims and
third-party claims brought by the Tribe, to the extent that
they seek relief providing that such activities by the Tribe
are not subject to the General Regulatory Laws.
4.
Judgment is hereby entered declaring that (a) the Tribe may
construct, occupy, and operate a gaming facility on the
Settlement Lands without complying with the Gaming Laws, and
(b) the Tribe's construction, occupancy, and operation of
a gaming facility on the Settlement Lands shall otherwise be
subject to the General Regulatory Laws.
5. The
Town of Aquinnah; Charles D. Baker, in his official capacity
as Governor; Maura Healey, in her official capacity as
Attorney General; and Cathy Judd-Stein, in her official
capacity as Chair of the Massachusetts Gaming Commission, are
permanently enjoined and restrained from enforcing the Gaming
Laws against the Tribe on the Settlement Lands.
6. The
Tribe is permanently enjoined and restrained from
constructing, occupying, and operating a gaming facility on
the Settlement Lands without complying with the General
Regulatory Laws.
So
...