Shinnecock Indian Nation

Connecticut Ruling Boon To Shinnecock?

February 5, 2004

By Michael Colello

Nation exists as an Indian tribe according to Federal law, and meets requirements for a "government to government" relationship with the United States. A reversal from a preliminary ruling, the decision paves the way for another Connecticut Indian casino, prompting a challenge from Connecticut Attorney General Robert Blumenthal.

The BIA had initially rejected the tribe's application due to gaps in the continuity of tribal records, but reversed itself in light of continuous state recognition of the tribe for 278 years, deemed sufficient to "fill" gaps in continuity. The Schaghticoke ruling, and a similar decision handed down last year in favor of the Eastern Pequot tribe, both used evidence of state recognition in order to establish the federal status required for tribes to open casinos. State recognition, which the Shinnecock have enjoyed since the mid 18th Century, has been cited by both tribal officials and Federal Justice Thomas C. Platt as possible grounds for a ruling in the tribe's favor.

"This is what we've been saying all along," Shinnecock Tribal Trustee Lance Gumbs said yesterday. "It shows that state recognition has become part of the federal process. In two recent cases, they are starting to rely on state recognition as part of the case."

Gumbs said that while the rulings may set a favorable precedent for the tribe -- which was sued last summer by New York State and the Town of Southampton after it began clearing land for a casino on its 79-acre Hampton Bays property -- the cases are somewhat dissimilar, as the Shinnecock don't have the same gaps in their recorded history. Records of tribal elections dating back to the 1700s are reportedly on record in Southampton Town Hall, although some books from the mid-19th Century are allegedly unaccounted for.

No relevance?
But according to State Assemblyman Fred Thiele, the BIA's decision on the Schaghticoke is a unique case and likely has no relevance to the case now before Platt. "Every petition has its own set of facts," Thiele said yesterday from Albany. "I don't think this has any precedential significance in this case."

Lawyers for the Shinnecock, New York State, Southampton Town, and the U.S. Attorney General's office met last month in Platt's courtroom, during which time the judge set the trial's beginning for April 24 in order to allow an expert witness for the state to complete a genealogical study of the tribe.

This month marks one year since news broke of the tribe's intention to build a high-stakes gaming facility on its Hampton Bays parcel, known as West Woods. Experts across the nation have been following the case closely -- as the unpredictable Platt's decision could have precedent-setting ramifications, and could alter the Hamptons forever.

Since then, the tribe has been sued by both Southampton Town and the State of New York after tribe members began clearing acreage at West Woods in preparation of casino construction sans the federal recognition or state compact traditionally necessary to do so.

Justice Platt said he would determine the tribe's ability to open the casino after receiving word from the BIA that it could take up to a decade to process the tribe's federal application.

Following news that a horse barn was constructed atop a mass burial site on Shelter Island containing bones of ancient Native Americans, attorneys for the tribe are scheduled to meet with the Shelter Island Town Council next week to discuss a proposed local law protecting tribal or colonial remains discovered in the future.