The 1987 opinion states:

• The “Shinnecock Tribe is one of the historic tribes of Long Island which still has tribal existence and occupies land generally within its aboriginal territory.”
• “It is clear that the Federal government deals with the Shinnecock as an Indian tribe.”
• “To the extent that the Town of Southampton zoning ordinance purports to regulate land use on the Shinnecock Reservation, it is of no force and effect whatsoever.”
• “The Trustees of the Shinnecock Tribe are in no way limited in governing the Shinnecock Reservation by any action of the Town of Southampton.”
• “As an Indian Tribe the Shinnecocks have sovereign authority to govern their territory. This sovereign power may only be limited by an act of the United States Congress.”

“This official opinion is the foundation of our legal defense and it shows that we have legal governance of our Tribal lands, including Westwoods and including conducting Indian gaming at Westwoods,” said, Charles Smith, Chairman of the Trustees.

The official opinion states the US Supreme Court ruling in 1987 (California v. Cabazon Band of Mission Indians) applies to the Shinnecock Nation. California v. Cabazon established the right of Tribes to conduct Indian gaming. This case also precludes states, New York, included, from enforcing “civil/regulatory” statutes on Indian reservations.

“It raises serious questions about whether or not the lawsuit filed against the Shinnecock Nation was filed in ‘bad faith. Our neighbors in the Hamptons community should join us to express their displeasure with this kind of unethical behavior.” said Lance Gumbs, Tribal Trustee

“We’ve repeatedly asked the State and the Town to ‘come to the circle’ and work with the Nation to craft a solution that helps the Tribe achieve economic independence and benefits the community where we all live. It’s a pattern. We’ve asked for discussion and dialogue … what we’re getting is deception and deceit. It’s time to stop the lawsuits and come to the table.”

“I believe that Assemblyman Fred Thiele, the Town of Southampton Attorney in 1987, had extensive knowledge about the official opinion. Regardless, Assemblyman Thiele encouraged the lawsuit against its 400 year old neighbor and Supervisor Heaney used taxpayer money to fund the suit.” said Lance Gumbs, Tribal Trustee.

According to the State of New York in its 1987 opinion, the Trustees of the Shinnecock Tribe are in no way limited in governing the Shinnecock Reservation by any action of the Town of Southampton or the State. It further states that only an act of Congress can change the Nations’ sovereign power. That includes its sovereign right to conduct Indian gaming.

Gumbs concluded, “The bottom line, the Shinnecock people and the residents of this Town have a right to know two things: What elected representatives knew about this official opinion? And when did they know it?

The court has requested that the State respond to the new evidence by September 18.