Straight from the Horses Mouth

The coffee sure was hot on February 21st when Adam Bond aired his first ever coffee shop talk show on WXBR 1460 AM Radio. His guest was none other than Sean Hendricks, Tribal leader for the Mashpee Wampanoag Indian Tribe. Mr. Hendricks, who in my understanding will not frequently accept interviews, was kind enough to take the time out of his busy schedule to talk to Mr. Bond and all of us who were listening about the proposed Mashpee Wampanoag Indian casino in Middleboro. I would like to say that I truly enjoyed the show. Mr. Hendricks seemed to me to be very honest and forthcoming with his answers to questions we have been asking ourselves since this whole fiasco began. In fact, I think he is probably the first one to actually give an honest interpretation of the whys, what’s, where’s and “how big?” questions floating around the region. If you didn’t get a chance to hear the show, you can listen to it here. However, if you find yourself strapped for time, or don’t care to listen to the entire show, I have summarized excerpts from the interview that caught my attention.

Mr. Bond started his coffee talk by asking Mr. Hendricks to tell us all who is the real Sean Hendricks? Sean Hendricks was born in Cape Cod Hospital, raised in Mashpee where he currently lives and has been a tribal member since the day he was born….he is a tribal member, father and a family man who is trying to do the best for his tribe and his family.

You know what – I can respect and totally relate to that! I think we all can. Who doesn’t want the best for their family? More importantly, don’t we all desire the opportunity to provide the best for our family? You bet we do! As a family chick myself, I can understand his desire to provide the best for his family and his Tribe. I just happen to not agree with the whole casino part of his desire. Here is what he had to say……

“it’s a law we didn’t create. We have the right to do this type of operation – at this time there is no other economic engine that can provide for our tribal members with the support that we need.”

There’s that catchy phrase “economic engine” that seems to be the poster phrase of the casino supporters for both the Tribe and the Governor’s three(+) casino plan.

Mr. Hendricks went on to explain that “with Federal recognition does not come health insurance automatically, and people automatically think kids get to go to school for free” but that is just not true…he said, "kids do get State tuition waivers for State schools – that’s all....the fees are higher than the tuition."

Okay…first of all, I don’t automatically get health insurance either…nor does anyone else I know. I have to work to get health insurance – which I still pay a percentage of the cost every month. I also went to a State School so I know that the fees for housing, food, books, etc…you know, all the “extras” are expensive…but I had to also pay for tuition on top of all those extras – no waiver for me or the other 3000 students I graduated with. I would have loved it if the tuition was wavered…so would have my parents for that matter! But I do get it, really….I understand what he is saying here, and let’s face it, if any of us could guarantee health care and a free college education for our kids, we just might be tempted to do it too.

Mr. Hendricks went on to explain that with new Federal recognition status come a lot of work. The Tribe is desperately trying to build a government. In his words he said “we are a separate country so to speak, within a country”…. does he mean like…England?? Whoops!... I bet Mr. Bond didn’t like that statement at all.

He continues to explain that building a government takes a lot of money, they are a sovereign nation within the U.S. (this appears to be backtracking on Mr. Hendricks’ part to the country within a country statement)... ”we are equal to a State, we’re still under Federal Government to an extent”. Yes, you read, and if you listened to the show, heard correctly... .he said to an extent…which is quite true! See, this is exactly why I liked listening to Mr. Hendricks…he is telling it like it is, no holds barred. How can you not respect that?

At this point, Mr. Bond takes over the conversation and steers away from the “under Federal Government to an extent” comment – good save Mr. Bond!

Quickly moving forward, Mr. Bond asks another question: "What are you trying to accomplish with the casino?". Mr. Hendricks explains that he wants health insurance, small housing grants and in-house services for his tribe however, since they are a newly recognized tribe, they are not eligible for services until 2010.

Okay, two years can be considered a long time, but later in the interview when asked about timelines, he stated that the Land-In-Trust process will take 18 months. From there, they will begin construction immediately and expect the doors to open "in two years, to 18 months" from the first shovel full of dirt. Correct me if I am wrong, but doesn’t that bring us way past 2010….more like 2012?? My point here is that it seems to me he is justifying the casino route because waiting for the BIA to get it’s act together and give them money for the things they need will take much too long. The only way to acquire these things is to build a mega casino resort. Sorry, but I can’t bring myself to agree with that....

Mr. Bond then reminds us all about how … "IN THE BEGINNING….New Bedford was sold us as lead horse when Middleboro jumped in, no one gave Middleboro much of a shot at this…two questions come to mind"..(at this point of the show, I’m thinking “uh-oh….this should be interesting” boy, what I right!)

Here is how the conversation went….

Mr. Bond asks, "Why NOT New Bedford?".

To which Mr. Hendricks replies, “LAND….from what I understand they don’t have the adequate land to hold the type of facility that we envision and that the Governor is looking for….the resort destination type of facility…”

Whoa…did he just say what I think he did??? Not a word about heritage here…or any statement about the Mashpee Wampanoag Tribe wanting to come home to their ancestral lands. I am envisioning a look of alarm on Mr. Bond’s face at this point. I admit I was mildly amused, but Mr. Bond is, if anything, the consummate public speaker. He calmly goes with this attempt at another save….He asks,

“Okay then, why Middleboro” to which Mr. Hendricks makes his oh so honest statement…."same answer…you have the LAND”…

Oooohhh....Mr. Bond is unsuccessful at the save! The Tribe needs to prove ancestral rights to take this land as an initial reservation – no mention of heritage in Middleboro…only land. Ouch! That must have hurt!

Mr. Bond does have a quick recovery though…I give him a lot of credit, he is really good at this radio thing….he moves on to the scenario in Connecticut and how the Tribe there is not limited to the amount of land they can buy and take off the tax rolls….but lucky Middleboro, because as Mr. Bond explains, there are supervisions within the contract that say if more land is taken there needs to be a renegotiation. Bad move Mr. Bond, the last thing you want to do here is remind everyone of the fact that the Tribe will have the opportunity to take even more land and take it off the tax rolls, expand the casino perhaps, renegotiation or not…

The discussion then naturally comes round to the infamous casino plans - or lack there of. Mr. Hendricks explains that the Tribe is not at the planning stage yet. They have preliminary plans for the Environmental Impact Study hearings, but they just show the footprint of where the Tribe can build the facility...and parking…and hotel…with the least amount of impact.

Here, Mr. Bond asks a great question: "any of that you can talk about?". At first, Mr. Hendricks says, "yeah, some of it" …but instead of letting Mr. Hendricks talk to us about some of the plans, Adam can’t resist and just has to ask…

"Is there going to be a 30-50ft tower sticking out of the middle of Middleboro, on the property……I keep hearing the size of the Hancock…" I can only assume here that Mr. Bond meant to say 39-50 story tower….39-50 feet is hardly a tower in my eyes….and is certainly significantly much shorter than the Hancock.

Mr. Hendricks reply to the tower question is “I honestly don’t know the exact size of the tower…I don’t know…what can I tell you? It’s set in the middle of the property. 50 acres...your not gonna…if you go to Foxwoods, you’re gonna drive a long way before you see that and their tower is…pretty big – I don’t know how tall it is, but you don’t see it until you come around that last corner.”

I get the feeling here that Adam wanted Mr. Hendricks to say there wouldn’t be a tower…he didn’t do that though. He was seemingly honest in his answer – he doesn’t know, but it seems to me that he envisions something along the line of Foxwoods. Thank you Mr. Hendricks for giving us a straight answer….without plans, who knows? But you can bet (no pun intended) that there will be a tower, and it will be much taller than the tree line.

The discussion turns to jobs, and how the project will be an enormous undertaking. Mr. Hendricks seems to say there will be 10,000 construction jobs, but I highly doubt that especially if you consider that the Big Dig, the most expensive public works project in US history, peaked at 6,500 construction and related jobs, according to the Massachusetts Turnpike Authority. That or if you agree with Robert Band, president of Framingham-based Perini Corp., the casino industry's go-to contractor, who estimated it would take between 1,000 and 2,000 construction workers about 30 months to build a casino like the one the Mashpee Wampanoag’s are planning in Middleboro. As far as actual casino jobs, Mr. Hendricks says there will be a need for cleaners, laundry….Mr. Bond offers pit bosses…yes, there will be a need for pit bosses, and security. The Tribe has not worked out the details for police, fire and other support as of yet.

The interview continues with a discussion about the Town’s annual payments and leads into a discussion about regional impacts. Mr. Bond talks on how the 18 town regional task force has raised concerns about traffic, crime, housing , social ills…and asks “how do those issues for other towns get dealt with?”. Mr. Hendricks feels that the surrounding communities need to work with their representatives to ensure that the tribal/state compact addresses these issues. The Tribe will help with the negotiations between the surrounding towns and the State, but won’t cut deals with other Towns.

No, the Tribe won’t cut deals with other towns, which is understandable, but they certainly have no problem applying for State and Federal grant money - our tax dollars - to pay for improvements to roads that really don’t need improvements…unless of course, there is a casino. Also, the Tribe desires open communication with the surrounding communities, but if any of these surrounding communities have issues after the casino is built, they need not bother the Tribe….they can go bother the State.

There is a brief discussion about land-in-trust process and how the Tribe needs to have a compact with the State for class III gambling (yes it is gambling, so why even call it gaming at this point?) which eventually gets around to this question posed by Mr. Bond:

"If the State isn’t reaching a compact with the Tribe, doesn’t that put you guys out of business?" To which Mr. Hendricks replies, "not really – would not rather go in that direction but we have the option to go class II in Middleboro".

Mr.Bond asks the following question, which can only be a clever ploy to debunk Bellicose Bumpkins blog, Its the Slots Stupid; he asks, “there is a fair amount of competition
floating around Rhode Island, Connecticut, would a class II survive?” To which Mr. Hendricks confidently replies, "if it is done right…it will be built the same way as a destination resort. Class II is…Seminole’s in Florida is the perfect example."

Okay, so the Mashpee Wampanoag Indian Tribe will build a Class II facility if they can’t reach a compact with the State. Soooo…..since Class III gambling is currently illegal we can expect a mega bingo hall resort with no State mitigation fund if this land is allowed to go into trust. With all due respect, I think I will stick with Bellicose Bumpkins view on this issue, but just in case, we need to ensure no gambling is allowed on this site, and the only way to accomplish that is to write a letter to the Department of the Interior (DOI) and oppose the land-in-trust in Middleboro.

So there you have it straight from the horses mouth: The Mashpee Wampanoag Indian Tribe is a sovereign nation, much like a country within a country, with limited Federal oversight who want to take 350 acres of land in Middleboro in trust as an initial reservation for one reason, and one reason only….LAND…land specifically slated in the application to be used to build a mega-casino resort.

There is no mention of ancestral ties of the Mashpee Tribe in Middleboro by Mr. Hendricks, or any indication of the Mashpee Wampanoag’s desire to come home - neither in this interview, nor in the final determination statement sent to the DOI with the Land-In-Trust application. The final determination is an extremely important document that requires the Tribe show that a distinct community has existed from historical times until the present on lands up for “initial reservation”. The final determination that was sent as part of the land-in-trust application talks at great length about ancestral ties to Mashpee but not one mention of Middleboro. I know this to be true…I have a copy in front of me as I write this. Considering the fact that the Tribe is requesting the land in Middleboro to be established as an “initial reservation” this is quite interesting, and problematic at best. I cannot see how the Secretary could possibly approve this application based on this alone, never mind the myriad of other issues associated with this entire process.

Also straight from the horse’s mouth is the fact that if the land-in-trust application is approved, the Tribe plans to build a mega bingo-hall resort using the same footprint as a class III mega casino resort….oh, and there will be a tower…perhaps one like Foxwoods in Connecticut? There will be no compact with the State, and they are confident they will succeed with a class II mega bingo hall resort because of what the Seminoles in Florida were able to accomplish with a class II facility. Gee, I don’t really get a warm and fuzzy feeling about that at all. Good thing it is all about the slots….that, and not allowing the land to go into trust. If you agree and want to be heard, please write to the Secretary of the Department of the Interior. Information on where to send your letters can be found on the CFO website.

It may not seem like it at this point, but I really did enjoy the show, and coming straight from this horse’s ..eeer…chick’s mouth, I sincerely thank Mr. Hendricks for accepting Mr. Bond’s invitation to be on the show. Mr. Bond himself did an excellent job identifying and asking the questions that have been on all our minds. The interview itself was long overdue, but as I like to say….better late than never!

- be the change you want to see in the wold -

That Ship has Sailed

Today I read a remarkable blog by Gladys Kravitz entitled Father Knows Best and it got me thinking about the IGRA, and how we as a Country, have allowed casino investors to invade our towns - our communities -- and destroy our quality of life through the exploitation of the IGRA by means of federally recognized Indian Tribes. To me, Gladys’ blog was a poignant reminder of the visions and hopes for our Country held by our founding fathers, not by billion dollar foreign casino investors working the system. Let’s face it, the IGRA was paved with good intentions, but through time, the intent of the Act, as well as the Indian tribes, have been all to often used, abused and exploited by these investors.

I have been told countless times that this casino is a done deal…to shut-up and live with it because it has nothing to do with me, or my rights…it is about the rights of a Tribe to reclaim their ancestral land and build a casino…so live with it. Well all I can say in my defense is…as a United States citizen, who was born and raised in this glorious commonwealth that I understand that the Indian Tribes have rights, and I understand that whatever lands that had been taken through treaty or war were taken at a cost. I also understand that the US Government recognized this and has done its due diligence to right the wrongs of the past....it is time to move on. I understand that the history is brutal, it is not pretty and is downright heartbreaking in many cases….but I also realize and acknowledge the fact that not only did our first President George Washington want to make right the past wrong doings on the part of the Indians, so did Harry S. Truman. In fact it was he who pointed out that the United States needed to address these past wrong doings and ensure that Indian claims were heard and finally settled.

Instead of confiscating Indian lands, we have purchased from the tribes that once owned this continent more than 90% of our public domain, paying them approximately 800 million dollars in the process. It would be a miracle if in the course of these dealings – the largest real estate transaction in history – we had not made some mistakes and occasionally failed to live up to the precise terms of our treaties and agreements with some 200 tribes. But we stand ready to submit all such controversies to the judgment of impartial tribunals. We stand ready to correct any mistakes we have made. - Harry S. Truman

The federal government, along with most other Americans apparently did realize that wrongs had been committed in dealings with the Indian Tribes because on August 13, 1946, President Truman signed into law the Indian Claims Commission Act. This act allowed Indian Tribes a way to file claims of all kinds against the United States Government for past wrong doings, however the Act stated that Indian claims needed to be brought within five years of the passage of the Act and any claims brought thereafter would be forever barred by the Statue.

Not that the ICCA wasn’t without its faults and difficulties…it most certainly was. One of those difficulties was the realization that return of land to Indian Tribes was problematic at best, mainly because most of the land was already settled by private citizens. Returning the land to the Tribes would create an entirely new group of people that would be wronged and would delay, if not allow for a closure of the Indian land claims. Because of this, the Commission decided that monetary awards were highly preferable to the return of land and because the Commission was reluctant to grant lands back to Tribes not held by the Federal Government, they did just that…. awarded the Tribes money for their claims. I must note however, that there were cases in which the land in question was still held by the federal government, which allowed for the return of said land to the Tribes making the claim without causing further harm to others. Although some tribes continued to seek the return of their land, other tribes instead wanted the government to be held accountable for the way tribal money was spent. Sure enough, a relationship between the government and the American Indians evolved to where the government acted as a trustee for the tribes and it is through this relationship that the IGRA was born.

I need to point out one important fact regarding the Indian Claims Commission Act….the Act stated that Indian claims needed to be brought within five years of the passage of the Act, and any claims brought thereafter would be forever barred by the Statue…..yet here we are, 52 years later, fighting the Mashpee Wampanoag Indian Tribe’s land into trust application to prevent them from taking 350 acres of land in Middleboro into trust as an initial reservation for the sole purpose of building a mega casino resort.

What I find to be absolutely amazing is that despite the passage of the deadline of the ICCA, the Mashpee Wampanoag Tribe is still trying to claim land rights in Middleboro in the hopes of building a mega resort casino and the BIA is allowing it. Congress passed the ICCA in order to allow Indian tribes the opportunity to have their day in court….that day is long past ….that ship has sailed. The fact is, the Mashpee Wampanoag Indian Tribe has never put in a claim to the Indian Claims Commission.

Why does this matter? Well, it matters because as Congress pointed out itself, the purpose of the Indian Claims Commission Act was to:

“bring this practice to an end and to settle once and for all every claim [Indian tribes] could possibly have under the categories set forth in the law.”

The ICC listened to claims made by Indian Tribes up until 1978, when the Commission expired. All open claims were transferred to the U.S. Court of Claims and a map of judicially established lands was created by the U.S. Geological Survey. . This map portrays the results of cases before the commission in which an Indian tribe proved its original tribal occupancy of a tract within the continental United States. – National Parks Service, Department of the Interior

You can go here for a better look at the map.



So what does this mean? Well, for starters, you certainly aren’t going to find references to tribes, states, and cases involving New England groups such as the Mashpee Tribe in the ICCA because, at least in the case of the Mashpee Tribe, their claim to land in Mashpee (not Middleboro) came up a number of years after August 13, 1946.

So wait a minute here….perhaps this whole Land into Trust deal does have something to do with our rights as well, and is not just about the rights of the Mashpee Indian Tribe to build a mega resort casino in Middleboro as we have been told again and again. I mean, it has been 52 years since the ICCA deadline…..does the Tribe, BIA and the DOI even have a right to take this land? I say no….set aside our constitutional rights as one of the original thirteen colonies, and in my opinion, there is still no legal basis for this land to be taken by the federal government, held into trust and allowed to become a sovereign nation for the sole purpose of building a mega resort casino. If there was, then it should have been taken up a long time ago under the ICCA, not now when there are deep pocket casino investors with countless amounts of cash to push, bully and lobby for an Indian casino in our community. The ICCA was signed by President Truman in 1946. Its intent was to close the door and finally bring closure to the wrong-doings by our Country to the Native Indians. How and why that door is still allowed to be open is beyond me….the way I see it, the claim to put the land into trust in Middleboro should not be allowed by the Commonwealth, the BIA, the DOI, or Congress…. as I said, that ship has sailed.

- be the change you want to see in the world -

Radio Chaos

Did you hear the news? Selectman Adam Bond will be hosting his own radio talk show entitled Coffee Shop Talk on WXBR 1460 AM talk radio. His show will be aired every Thursday from 11 – noon and will focus on local politics, news and events. This sounds like it could be a radio show to discuss casino politics. Seriously, with this proposed monstrosity looming over the entire region, how can local politics, news and events not come back to being about the casino? Here is what Mr. Bond has to say about his new show.

“I have been accused of not listening by quite a few people over the past several months. I believe that some of those people are confusing “listening” with “agreeing.” I think we are all capable of intelligent, respectful debate and I look forward to hearing from a variety of view points, on a variety of topics,” Mr. Bond said of the controversial hour.

Wow…great statement….but notice how the “Casino” word is never mentioned, but that is exactly what he is talking about when he says those people are confusing listening with agreeing. I mean, his first guest will be none other than Sean Hendricks, current leader of the Mashpee Wampanoag Tribe. What I find to be ironic in this statement is that Mr. Bond has yet to grasp the idea that listening is an art unto itself and in regards to hosting a talk radio talk show he will need to try active listening instead of selective hearing….the type of hearing of which he has proven to do throughout this entire casino fiasco.

Don’t get me wrong here, I think this talk show is an interesting idea and I hope he proves successful in his endeavor….I also hope he has turned over this new leaf we seem to be witnessing lately….the kinder, gentler Adam Bond…one who will be able to actively listen instead of selectively hearing what he wants to hear and then attack or discredit the opposing point of view.

It worries me though, that he thinks some people are confusing listening with agreeing….I hope he is including himself in this group, because selective hearing is not really listening to understand another person’s point of view, but is more about hearing a point of view specifically for the purpose of discrediting it. The goal is selfish – it is about what is wanted by one person, regardless of what is wanted by another….. From day one, those opposed to a casino in Middleboro were dismissed, ignored or gaveled to silence….their opinion, or their desires for their Town and quality of life didn’t matter because it didn’t agree with the casino agenda. Nobody listened to them….certainly not their own BOS. Mr. Bond has proven himself time and time again to be quite guilty himself of selective hearing, so I find myself wondering if perhaps he is the one who has confused listening with agreeing.

I have listened to this casino debate for a long time…I have taken into consideration both sides, pro and con and offered up my two-cents....I do not see the pros as actual pros for those of us who live in this region…I see the cons as just that…cons. In my opinion, it seems that the cons have continually been dismissed as irrelevant or as outright lies…not listened to, never mind agreed or disagreed with. There is a huge difference between disagreeing with something and dismissing something and it is my hopes that Mr. Bond will do a bit more listening and a lot less talking on his show, especially when he has an anti-casino guest on to speak. I think Bellicose Bumpkin did a great blog regarding the benefits of a casino in Middleboro and has been fair in his assessment of the pros and how the cons far outweigh them. He is a perfect example of an active listener and may well be appearing on the show in the near future. I hope he does because I think Mr. Bond could learn a lot from actively listening to what he has to say.

Mr. Bond says he hopes to have a respectful debate on local politics – is this the new leaf or just another pipe dream?….please don’t get me wrong, I too think that people are capable of intelligent and respectful debate, but in light of how SRPEDD was treated at a recent BOS meeting, and some of the unprofessional and disrespectful comments aimed at CFO, The Regional Task Force and Representative Calter for not agreeing with the Middleboro casino plan, one has to wonder if this is really a new leaf, or an attempt to re-write the past actions of a BOS that did everything but listen…..

In a recent conversation I had, a friend of mine said something that pretty much sums up what I am trying to say here ….this person said that listening is one thing, selective hearing is another. Listening presumes you are engaging another human beings perspective and actively thinking about it and not summarily dismissing it…which is exactly what happened leading up from the TMFH last July, the BOS/Adam bought everything that was being sold by Glenn Marshall and the Casino investors, and discounted everything from CFO. God gave Adam two ears and one mouth, so as an elected official he should listen twice as much as he speaks.

Touche my friend…..

Having said that, I really do wish Mr. Bond the best of luck with his new radio show and I sincerely hope that he wants to and succeeds at listening to and participating in intelligent, respectful debate and will himself try not to confuse listening with agreeing.

- be the change you want to see in the world -

Bigfoot Sighting on Beacon Hill

There was a fantastic opinion piece in Monday’s Boston Globe written by George Bachrach, president of the Environmental League of Massachusetts and Philip Warburg, president of the Conservation Law Foundation.

They wrote an article about the huge carbon footprint left by Rural Casinos which addresses some of the real environmental impacts regarding casino traffic as opposed to the joke of a report submitted by CRAC.

The idea of placing a mega resort casino in Middleboro is an environmental nightmare…..adding three commercial casinos on top that equates to an environmental catastrophe. I figure since I criticized CRAC for their one page no-traffic impact report, it would be nice to acknowledge the issue from another professional viewpoint. Now granted it is a viewpoint that really focuses on the Governor’s plan, but it discusses rural casino environmental footprints…..and I would think Middleboro falls into the rural category. Besides, a casino is a casino....whether it's a Tribal casino on sovereign land or a commercial casino run by the State, it's still going to have a negative impact on our lives.

From where I am standing, if a casino in Middleboro is a really bad idea, then a casino in any rural area of this State is also a really bad idea, and this article clearly states why. Come on folks, we can’t seriously be against a casino in Middleboro, but be okay with a casino somewhere else….can we? That is just plain hypocritical. I know I certainly wouldn’t wish this nightmare and potential catastrophe on anyone, which is why the Governor’s rejection of the Mashpee Wampanoag Land into Trust Application is such a double edged sword to me, and why I think that the three casino proposal for Massachusetts is also an irresponsible and shortsighted plan.

As pointed out in this article, the Governor seems to be blinded by the glare of sleek hotel towers rising out of verdant New England countryside and forgetting his administration's recently proclaimed commitment to take the road less traveled by -- you know…..the one that will "lead Massachusetts toward urgently needed reductions in the greenhouse gas emissions that are hurtling New England and the world toward climate catastrophe". I really like this part....

Foxwoods, by it’s own estimate, draws more than 40,000 visitors each day, with many, if not most arriving by car. We can only expect the same, or worse, if the Governor’s dream of three resort casinos sited on the open countryside comes true…

The fact is, the Governor is pushing and bullying for casinos in Massachusetts in the same fashion as the Mashpee Wampanoag casino investors have been doing for the casino in Middleboro. It makes me wonder...what is in it for him? The bottom line is, if the legislature of our wonderful State allows class III gambling whether it be slots at the racetracks or full blown casino resorts, then we can expect not only at least one Indian casino here, we can expect at least three more casinos scattered throughout the State – all of which will attract a boat load of people racking up tons of highway miles, giving the unwelcome boost of automobile generated greenhouse gas emissions. So much for that “fresh air” we enjoy so much as a part of our quality life…..and so much for this State’s Green Initiative. It amazes me that the Governor is so willing to turn his back on such an important and responsible program. Where smart growth is concerned, touting “green” building as mitigation for negative environmental impacts whether it be for an Indian casino or a commercial casino is, in my opinion, a bit ridiculous. As pointed out in this article, the endless stream of cars reaching far into the countryside will ensure that even a "green" casino has a very dirty environmental footprint.

If we don't legalize class III gambling here, we will never see an Indian Resort Casino built in this State....ever! We don't need to worry about the Mashpee Wampanoag casino or feel the pressure to "beat them to the punch" for a piece of the pie....there will be no pie....and we certainly won't feel the need to force them into a commercial license. If we don't legalize it....they won't build it...period!

We cannot argue that casinos won’t have a humongous dirty environmental footprint in our region….in our State – they will -- in the form of greenhouse gases, tons and tons of garbage, hazardous waste, dirty water, dirty air…..let's face it...our State isn't that big! Heck, I'm not really sure how we could support or sustain all these casinos. Other States that rely on casino revenue are facing serious budget issues similar to our own -- and they already have casinos and those casinos are there to stay...forever and ever and ever. Seriously, how many more casinos do we actually need in the Northeast? New York casinos are suffering because Pennsylvania opened casinos...Connecticut casinos are suffering because Rhode Island opened casinos....Rhode Island casinos are just plain suffering...so where does it end? I say it ends right here... at the Massachusetts State line. We don't need casinos in this this State! It continues to amaze me that the Governor thinks that we do and that he is determined to convince everyone else that we need them too. Our Governor has put blinders on and cannot see the road less traveled by…the one that makes all the difference…the one that will lead toward local, regional and global environmental responsibility and accountability while supporting and promoting real industy with real benefits. I certainly hope that our Legislature can see the forest for the trees and realize that along with all the other negative impacts that come with a casino – the steady destruction of our “rural” areas – of our homes and our quality of life for the purpose of gambling goes against everything this State is trying to achieve through it’s green initiative.

As Bellicose Bumpkin very poignantly questioned in one of his recent blogs, when does "environmentally sensitive" become worth a damn?

- be the change you want to see in the world -

(W)right or Wrong....

If anyone has ever wondered why I have become so deeply involved with the anit-casino movement, they only need to go as far as the local paper. A statement such as this one that was posted recently in the Boston Globe is a perfect example of why I refuse to stop fighting this:

But Brian Giovanoni, who chaired the Middleborough Casino Study Committee prior to the town’s July vote on a deal with the Wampanoag, said that while Patrick’s 125-page objection included quotes from the committee’s report that noted problems, many of those problems have already been solved.

“I can pretty much answer half the questions he asks in there, but he never contacted me or anyone else,” Giovanoni said.

My goodness, where does one begin? First of all, the Casino No Impact Study Committee did write a report, I will give him that. This report was submitted as a part of the Land into Trust Application submitted by the Mashpee Wampanoag’s and while it certainly brings up many issues, the so-called answers in this report are laughable at best. All one has to do is read this report and know that it is completely lacking in substance – you know that data that Brian loves so much -- to support any of the CRAC mitigation plans. Go ahead and read the report for yourself….maybe then you will understand why it is so important to write your letters to the Secretary of the Department of the Interior. Maybe you will also understand why us anti’s are so thrilled….well, at least why I’m thrilled that the Governor rejected the application.

I do not support Governor Patrick’s three casino plan for Massachusetts, but I do support his decision to reject the Land into Trust Application. Yes, he may be playing the game to push his casino plan, but at the same time, his rejection of the application will now force the casino investors to answer some tough questions….questions they were hoping to avoid this summer by pushing and bullying the town of Middleboro into an agreement with the tribe and by conducting a Casino No Impact Study Report to submit with the Land into Trust application.

With respects to the Casino No Impact Study Committee, which has now morphed into CRAC, I really find myself wondering how Brian could actually think that the Governor would want to talk to him. If the Governor actually read the CRAC report, which I am sure he did, then I can completely understand why he didn’t go running to the phone to call them for answers….I mean, gosh, when an impact report’s “traffic impact” is only about one page long and doesn’t even acknowledge traffic issues on route 3 but merely states that a thorough traffic study should be conducted, or doesn’t even look at impacts outside the Town line…well…yeah, if I was the Governor, I might be asking my own questions, thank-you very much. I might also be wondering how the environmental impacts regarding endangered species only got one sentence. Oh, but I guess I shouldn’t be too worried because mitigation for wildlife got three sentences that read:

“With the reconstruction of Route 44, the movement of local species could be hindered. Proper species crossings should be designated to allow unimpeded, natural and safe passage across Route 44.

It is critical to preserve additional land around the casino-resort to be used as open space to allow natural habitats to be maintained and passage unrestricted.”

Phew! I guess the Governor should have called CRAC… they do have all the answers!

No need to worry about the bald eagle – it can fly over Route 44 and pick off any road-kill while the turtles can cross Route 44 safely with proper species crossings. I wonder if the Tribe will be hiring proper species crossing guards?…..ya know, for the Middleboro residents who have been promised sloppy seconds on casino jobs after Tribe members and their families.

Certainly Governor Patrick doesn’t need to worry at all about the 20,000 – 40,000 estimated increase in cars travelling on our roads as reported in the Casino No Impact Study Report because Route 495 from Route 24 to Route 44 will be widened, as well as major reconfigurations of Route 44 in Middleboro….and our tax dollars will pay for it because the Tribe is going to apply to get Government grants to pay for the road. Yes, I guess Brian was right when he said that we should all be thanking Middleboro….they have single-handedly solved our traffic woes….thanks….

As far as social problems? Heck, there aren’t any – well, at least not enough to warrant any real concen. Oh, and if your husband or wife, son or daughter does become addicted to gambling…well blame the State Lottery for that…but just in case there is a problem, the Tribe will up-front $40,000 to an addiction center of it’s choosing and then will make annual contributions of $20,000 to compulsive gambling. Wow….how many people will that help? As far as suicide goes, well CRAC looked at eight communities and determined that a Casino might have an impact on suicide rates. But really, there is no need to worry about crime or suicide because according to CRAC, these problems exist already and should be addressed regardless of a casino…..according to CRAC logic, supporting an industry that will most likely cause an increase in social issues and crime isn’t a problem.

Water? Not an issue according to CRAC…sure... some improvements will need to be made to actually supply the casino with up to 1.5 million gallons of water per day - a few new public wells here and there as well as some existing well upgrades -- not a problem….. no mention of impact on the surrounding communities that also rely on water from that same aquifer….and certainly no mention of the private wells that the Tribe can put on site to pump even more water on top of what is supplied by the town either. I guess Mr. Bond was right when he said…there’s plenty of water – according to CRAC, there is!

Trash….nope, apparently not a problem because it’s not even mentioned in the Casino No impact study report. I guess since the Town is under no obligation to remove trash from the site under the Intergovernmental Agreement there is no need to worry about it. Out of sight…out of mind. More like, out of sight….out of Town. I remember a nice little retort by selectman Bond to the trash question where he said…he didn’t care where the trash went, as long as it didn’t stay in Middleboro.

I could go on and on, but I will let you decide if this Casino No Impact Study answers any real questions at all….questions that now must actually be answered because Governor Patrick rejected the Tribe’s Land into Trust application. For the life of me, I cannot even believe that Brian is wondering why the Governor didn’t call him and ask for his infinite wisdom on casino impacts to a community. Did he not read his own report? A first year environmental engineering student could have done a much more in-depth and professional study – yet it is Brian who is the professional civil engineer with self proclaimed vast environmental engineering experience to back him up. Too bad it doesn’t show in his work. No offense or anything, but he was the Chairman of that committee and is now the President of CRAC. He should do his job, not play up to the Casino Investors….oh yeah, he can’t….he is obligated to support the casino project and address negative comments, not make them.

Yes…I certainly have a lot of issues with a casino being built on sovereign land in Middleboro. I also have a lot of issues with the CRAC leader who touts himself an expert fact finder on casino impacts, yet continues to fail in providing or sharing accurate and thorough information on those impacts with regional officials or the general public at large. I also have a problem with studies that lack any substance being submitted to the IGRA as mitigation plans to approve Land into Trust for the specific purpose of building a resort casino to the likes of Mohegan Sun in Connecticut.

The Secretary will base his decision from information he receives regarding the Mashpee Wampanoag’s Land into Trust application….information such as the Casino No Impact Study provided by our resident “expert” committee. Letters regarding concerns, issues or outright rejection of this casino from people who live and work in this regional community will go a long way in the decision making process. If you have already taken the time to write your letter…thank-you….you have done yourself as well as all of us who live in this community a huge service…you have made a difference. For those of you who have not, I sincerely hope that you do. You have the opportunity to be heard, and you should not take it for granted because you too can make a difference in your community.

Information on how to write your letters and where to send them can be found on the CFO website.

Further information can be found on Bellicose Bumpkin and Gladys Kravitz blogspots.

- be the change you want to see in the world -

A Call to Arms

"Beneath the rule of men entirely great, The pen is mightier than the sword." ~Edward Bulwer Lytton english novelist (1805-1873)

No words ringer truer at this point in our efforts to stop a mega resort casino from being built in our community than those written by Edward Bulwer Lytton. Now is the time to grab your pens or keyboard (whichever you prefer) and write your letters to the Secretary of the Department of the Interior telling him that you protest the Mashpee Wampanoag Land into Trust application. Believe it or not, what you think does matter! When making his decision, the Secretary takes into careful consideration the thoughts and feelings of the surrounding communities.

Think about it....the Mashpee Wampanoag's have submitted their application for land into trust...the Middleboro BOS and CRAC gave them a glowing recommendation regardless of the fact that the Town voted against a casino in article 3, and didn't even have the decency to involve the surrounding communities. The Middleboro BOS chose to ignore the wishes of its residents and its neighbors, but the Secretary will not. He will read what you have to say and will base his decision on the information he receives. So far, the Town of Mashpee and the Massachusetts Governor have rejected their application. The Mashpee Tribe has the opportunity to address the issues and say they will fix them. We too need to speak up as individuals...as families....as parents and as communities by telling the Secretary we do not want a casino and expressing our opposition for placing the land into trust.

All it takes is a few minutes of your time.....tell him you object to the land going into trust...you object to a casino in your community. The Middleboro land is being taken into trust specifically for the purposes of gaming. I read some of the application....they are proposing to build a casino to the likes of Mohegan Sun in Connectitut.

Do you want to live next to a development designed to the likes of this?

I sure don't. I didn't choose to live in Carver because of it's fast paced exciting night life. I chose Carver because of it's small town history, culture and beauty. I like the quiet slower pace of our south shore and I don't want it to go away...at least not without a say.

If you love your community the way it is and don't want a casino here...please write a letter to the Secretary and tell him! He can only base his decision on what is submitted. Regardless of what you have been told, we can beat this thing. Not by fighting, or name calling, but by merely picking up a pen and writing.......

Dear Secretary Kempthorne,

I am writing today to express my opposition to the land into trust application submitted by the Mashpee Wampanoag Indian Tribe.....

As Gladys said in her latest blog, there's no place like home...

She gave excellent information regarding what to do and who to send it to. I have copied it below:

Make 4 copies of your letter. Keep one for yourself, and send the other 3 to:

Secretary of the Interior, Dirk Kempthorne
Department of the Interior
1849 C Street N.W.
Washington, DC 20240

Assistant Secretary- Indian Affairs, Carl Artman
Department of the Interior
1849 C Street N.W.
Washington, DC 20240

CasinoFacts.org - PAC
P.O. Box 105
Middleboro, MA 02346

Bellicose Bumpkin also has a great blog out explaining the whats, whys, hows and whens of writing your letter to the Secretary.

Again, be sure to keep a copy for yourself. If you are unable to make copies for everyone, be sure to send your letter to Secretary Kempthorne...he is the one who needs to hear from you!

Here is a link with information and guidelines for writing your letter.

"Free speech is to a great people what winds are to oceans and malarial regions, which waft away the elements of disease and bring new elements of health; and where free speech is stopped, miasma is bred, and death comes fast. "
Henry Ward BEECHER American Congregational preacher, orator, and lecturer (1813-1887)

Lucky Thirteen

I must admit that when I heard that Deval Patrick had formally rejected the Mashpee Wampanoag Indian Land into Trust Application I was thrilled. Yes….thrilled. Not because I thought we had won, but because I knew that his rejection of the application as well as the Town of Mashpee’s rejection is yet another major hurdle that needs to be defeated by the casino investors. I also knew that this rejection by the Governor was his own political tactic to push his three casino agenda and force the Mashpee Wampanoag Tribe to go the commercial route as so poignantly addressed by Gladys Kravitz in Casino Roulette.

Perhaps the casino investors would have been better off teaming up with Deval because then maybe they would actually have had a chance to build their pipe dream. As it stands, going the federal route will most likely result in a long drawn out legal battle. A battle that if by some miracle they did eventually win, would result in a big fat zero because we all know that Deval’s casino plan has little and no chance of passing. Our legislators are much too smart to play his “special interests” game.

Let’s face it…the only way the casino investors are going to get a casino in the commonwealth is if we allow them to…and they go commercial. As I said before in my previous blog, the federal government placing land into trust in the original thirteen colonies is unconstitutional. Contrary to what you may have been told, or what you might be bullied into believing, the Bureau of Indian Affairs has absolutely no legal grounds to decide if this land can go into trust ….only an act of Congress can do that . I refer you to title 25 section 151 of the Code of Federal Regulations….

25 CFR 151.3 Indian Land acquisition policy.
“Land not held in trust or restricted status may only be acquired for an individual Indian or a tribe in trust status when such acquisition is authorized by an act of Congress.”

Since the land in Middleboro is not held in trust or restricted status, the Secretary of the Interior is not permitted to place land into trust as outlined in 25 USC 465; Protection of Indians and Conservation of Resources - Acquisition of lands, water rights or surface rights; appropriation; title to lands; tax exemption.

But there is another catch….even Congress has no legal jurisdiction to force the State into allowing land into trust because land in the original thirteen colonies was never federal territory. If you know your history, then you know that from the day the first settler’s came to these shores, land was the principal basis for wealth. Wars were fought, treaties were made and by 1870 the Mashpee and Gay Head on Martha’s Vineyard Indian Districts became incorporated as towns of the commonwealth. They were made citizens of the commonwealth 54 years before they were made full citizens of the United States and every single citizen of this Commonwealth is under the civil, criminal, and taxing authority of this State regardless of race, ethnicity, creed, religion or sex.

But wait....even before the Mashpee Wampanoag Tribe became incorporated into the commonwealth, the original 13 colonies ratified the Constitution and the Federal Government was born….the United States Government did not exist prior to September 17, 1787.

Then in the 1800’s America began moving west and laid claim to land and made them federal territories of the United States. It is this land that was originally owned by the US Government. Nearly all of the territory in the United States outside the original thirteen colonies was comprised of public lands of the federal government which they acquired from foreign powers and from native Indians. It is these public lands that over time became the other 37 States. The founding fathers must have foreseen westward expansion…..

Article IV, section 3 (property clause) of the United States Constitution empowered Congress to make appropriate “rules and regulations” for Federal territory and allowed new states to be admitted by the Congress into the Union. The Federal Government’s authority over its land is defined in Constitution’s enumerated powers of Congress and in this clause.

Article IV, section 3
“The Congress shall have power to dispose of and to make all needful Rules and Regulations respecting Territory and other Property belonging to the United States.”

From what I can gather, the Supreme Court has read the Property Clause extensively and has stated that the clause gives congress both a general legislative power and the power of a proprietor over federal lands – therefore, it seems that because Massachusetts is an original colony this clause does not allow Congress to have legislative power over the land in the commonwealth. There is not now, nor has there ever been federal lands existing in Massachusetts. Only after the constitution was adopted did the federal government even exist.

So in a nutshell….

Federal lands never existed in Massachusetts, nor can they be created - 25 USC 465 along with 25 CFR 151.9 only applies to surplus federal public domain lands that may be restored to federal Indian reservation for the use of an Indian tribe. Only Congress, by passing a statue under its constitutional authority as outlined above in the Property Clause has the legal ability to purchase lands…..but not in the original thirteen colonies!

There is no federal power or authority to set aside the proposed 539 acres in Middleboro and the 140 acres in Mashpee and put it into federal trust.

Whoops!….I guess the casino investors didn’t do all their homework! Good thing Attorney General Martha Coakley did ....she joined the Carcieri v. Kempthorne Supreme Court Case knowing all the facts about land into trust.

I do encourage each and every one of you to write your letters to the Secretary of the Interior opposing the land into trust application – he needs to know how we as a community feel about living next to a mega resort casino.... because for now, he is the one making the decision.

- be the change you want to see in the world -