Signs

A friend of mine was driving home from a Thanksgiving holiday with family and as she was driving through New York State...eeerrrrr...I mean leaving New York State and entering Senica Nation , she saw this big giant sign.....





Huh... I am not really sure what they mean by "a fee is being assessed"...is there a flat fee, or are they tracking all vehicles going through their "Nation" and assessing a fee based on milage or time spent in Senica Nation? Either way, from my perspective, it would seem that the State of New York pays a fee for someone to drive on a road that starts out in good ol' U.S.A and straight into another sovereign country...Senica Nation - to me, this sign translates to the taxpayers of New York paying that "assessed fee".... strange....oh, and I am certainly not going to get into the fact that once you enter "Senica Nation", you are subject to their laws and jurisdiction....that little factoid is something nightmares are made of.

I really, really, really need to say that I find it appaling that the Senica Nation boasts that it is the only sovereign nation to "host" a U.S. city in its boundaries. I know what happened in Salamanca and what happened to the US citizens who lived there....it is atrocious...so much so that an entire book (one I highly recommend reading) was dedicated to the sixteen citizens who stood up and fought to protect their homes and businesses....their lives and livlihoods...and who were completely left unprotected by their own government....it is a travesty. A wonderful friend of mine is one of those sixteen people and to hear what this person and all the others went through to save their homes and businesses is nothing short of heartbreaking.....

Exerpt from Going to Pieces - The Dismantling of the United States of America - by Elaine Devary Willman -

Chapter Fifteen

The Salamanca Sixteen

In May of 1990, the Senica Nation refused to negotiate a new "Master Lease" with the City of Salamanca, a lease that would have protected individual home and business owners. Citizens were forced to negotiate with the Senicaa; however the tribe would not negotiate with individual citizens. This was the proverbial Catch-22, that forced citizens to accept a new, 40-year lease, at higher annual lease rates, and one that arguably transferred title of "improvements on the land" to the Seneca Nation of Indians.

On October 10, 1990...the House of Representatives approved a new lease arrangement, entitled the Seneca Nation Settlement Act of 1990 in which the SNI would be given $60 million dollars and the right to a new lease - not the old 99-year lease that ensured private ownership of "improvements" - a 40 year lease at substantially increased lease rates. The $60 million would be provided as follows: $25 million from the federal govenment; $25 million from the State of New York. Source of funds: US taxpayers.

.....The Tribe had required a lease fee of several thousand per month for Nancy's home and business. "I just couldn't pay that...so I lost everything." she said....


Looking at this picture as one enters Senica Nation, it really makes me wonder what would have happened if the Mashpee Wampanoag Tribe had gotten LIT ...their own sovereign land and their casino...and the ramifications it would have had on our community. I hear the Mashpee Wampanoag Tribe has new investors which makes me also wonder a lot of other things, but I will save those thoughts for another day. I still need to let this picture set in my mind.....

...and the sign said "everybody welcome, come in, kneel down and pray" but then they passed around a plate at the end of it all and I didn't have a penny to pay. So I got me a pen and paper and made up my own little sign. I said "Thank you Lord for thinking about me, I'm alive and doing fine."


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

The Life of Brian

Did anyone catch the latest article in the Casino Chronicles? Will this guy ever just give it up? The infamous "factfinder" has struck again -- and missed. I can't help myself here. Seriously, I have been trying so hard to be good...but this guy really just hands it over on a silver platter....and poor Alice just eats it up. Brian really, really needs a reality check here.....really.

Brian P. Giovanoni, former chairman of Middleboro’s Casino Resort Advisory Committee, believes he’s found potential inaccuracies in Lynch’s report.
Giovanoni said one point is in direct contradiction to the tribe’s federal recognition, which found continuous tribal ties dating to first contact with European settlers.

Uuuummm....Brian.....did you even read the Tribe's Federal Recognition? I would have to say no after reading your comments. Here is a "fact" for you Factfinder....

The number of times Mashpee is mentioned in the Final Determination: 265
(this number does not include the footnotes or page headings)

The number of times Middleboro is mentioned in the Final Determination: 0
(this number does include the footnotes and page headings)

In case you don't understand Brian - or are learning math from a Tribal leader who actually thinks there are two LIT applications pending....Mashpee, 265.....Middleboro....BIG FAT ZEEERRRO. I hardly think not mentioning Middleboro in their federal recognition constitutes continuous tribal ties dating to first contact with European settlers - at least not in Middleboro. Sure, they may have had contact....but obviously not in Middleboro or they would have mentioned that. If you are still confused, please feel free to read all about what the federal recognition actually says about the Tribe's historical ties, here. Or, if you prefer, I would be ever so happy to send you a personal copy of it....you know...so you can add it to your thousands of pages of facts you have on the non-impacts to the environment a casino would have in Middleboro or the surrounding communities and how wonderful all of our lives would be if only that darned resort bingo hall could be built.

Lynch is also “saying this tribe has never asserted political authority over any residents within the town of Middleboro, which is untrue,” Giovanoni said. “There are voting members of the tribe living here today.”

Huh....now that is interesting, and probably quite true....but....just because there are Tribal members living in Middleboro now doesn't automatically mean they have political authority over residents within the town of Middleboro. That is like saying, the vote of a Middleboro resident who is a Mashpee tribal member is more important than, or more authoritative than the average joe living in Town. Jeesh....one would hope that isn't the case in Middleboro. Here is what the federal recognition said about politcial influence....in case ya missed it the last time I brought it up:

Political Influence:

".....political control of the town of Mashpee...."

"....evidence of the Mashpee's residental patterns...was also sufficient to demonstrate political influence..."

"....gave the Mashpee greater self-government by establishing an "Indian District" in Mashpee, Massachusetts..."

"....as part of an Indian District...the Mashpee gained complete control of political, legal and economic affairs in the town (of Mashpee)...."

"....Mashpee adapted the principal elements of the town governmental system...."

Yeah, I can totally see the connection to Middleboro, the political influence and all...or as Brian would call it....authority... because a few tribal members live in town. What in the world was Jim Lynch thinking???

Gosh...Brian must be feeling oh so confident and super-duper smart....a true factfinder...especially after what the Vice Chairman of the Mashpee Wampanoag Tribe, Aaron Tobey said....

Tobey said he hasn’t read the report complied by Lynch, but added, “if it’s accurate, it’s good to know now.”

Is it me....or shouldn't the Vice Chair of the Tribal Council already know if this is accurate or not??

Oh - and I bet this comment really got Brian's factfinding senses tingling.....

Tobey said Grabowski’s final report has yet to be released, but said that she has compiled “convincing evidence” the tribe has links to the land in Middleboro.

For the record, Christine Grabowski can write and re-write all the historical reports she wants for the Tribe....her final report is about two years too late. The only report that matters is the one submitted by the Tribe in their LIT application - the one Jim Lynch tears apart in his report. The Tribe cannot change their application so by all means let Ms. Grabowski write her final report. I look forward to reading it. And by all means Brian, continue to tell us all about the potential inaccuracies you find in Mr. Lynch's report....I love a good laugh.

The only potential inaccuracies this chick sees is, yet again, in another fly by night comment hand fed to the media by our friend Factfinder. Great job, Brian....I guess you can now add tribal historian to your endless list of expertise.

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

Someday

This is for my dear friend Eddie...not Vedder, another Eddie. He is a wonderful person who has personally dealt with the disappointment with his own people, his own country...his own freedoms granted to him by birth....

please know my dear friend, with all that has happened, that this chick has not forgotten your plight and your cause. You have many, many friends behind you that believe in your cause, and believe in this country....and the idea that this country will stand behind you and help at some point, even when your own Senators and Legislators don't have the courtesy to give you the time of day. All of our voices shall be heard. We are patriots...we love our Country...even when it seems that the ones who are "running" it don't love us...or you. Freedom, equality and democracy for all who are born and live within these boarders....no more hiding behind sovereign nation status.

Someday.....the river shall open for the righteous. Until then, we will stand behind you.




Righteous; integrity, equity, justice, straightness—upright, just, straight, innocent, true, sincere. It is best understood as the product of upright, moral action in accordance with some form of divine plan.

Righteousness is a matter of relationships - with God, with things, and with other people.

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

Think Pink

There was an interesting article in the Mashpee Enterprise regarding Cedric Cromwell's determination to hold onto the casino pipedream. Once again, Mashpee Wampanoag Tribe Chairman Cromwell opens mouth and inserts foot.

“Chairman Cromwell, please carry on,”

Carry on with what??? His temper tantrum over the SCOTUS decision?


Mr. Cromwell said the environmental impact statement for the casino in Middleborough and the planning for housing in Mashpee are going ahead as planned.

Go ahead....a completed EIS does not land-in-trust make.


Mr. Cromwell said the tribe’s leadership is planning on meeting with local and state officials in the near future, once the historical information has been compiled, to make their case in what he described as an “education” campaign.


Gee Mr. Cromwell....I hope you realize that you cannot contridict the historical information you already compiled and submitted with your application or you will have a lot of explaining to do....you may want to learn the rules of the game before you start "educating" people. If you don't, you may say something like this....


Mr. Cromwell said the tribe has a land deed agreed to by the colonial government and that the tribe was under federal jurisdiction as an Indian District in the 19th century. He said the tribe is also listed on a federal Department of War list dating back to the 1850s, though he said the tribe is still in the process of preparing its case and is not ready to release detailed information.


Sigh....okay, first of all....he is talking about the colonial government of the original 13 colonies...before the Federal government was formed. Second of all....I am not really sure how Mr. Cromwell can claim the tribe was under federal jurisdiction as an Indian District because the Indian District was formed by the State not the Federal Government. So again...if anything, the tribe was under state jurisdiction not federal.

Oh....and one more thing, Mr. Cromwell......




The Indians were under the Dept. of War until 1849 when the BIA was established in DOI.
All land belonging to State jurisdiction is in pink. See any tribes there? See any Mashpees there?
See any reservations there?

NO, NO and NO. Forget about it Mr. Cromwell, you either have no idea what you are talking about or you are a really great liar.

“Dreams are bad...when all they do is leave the truth behind...”

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

Color Blind

In case you missed it, which I am sure you have not, Gladys has an excellent blog - Waiting to Exhale - that really puts today’s Enterprise article into perspective. I love how the enterprise article's title really grabs your attention….Despite setbacks?? I would hardly call the recent SCOTUS decision that takes the power (rightfully) from the Secretary of the Interior to place land into trust to Tribes recognized after 1934 back into the hands of Congress a mere setback. I mean, holy cow….what is it going to take to make the Mashpee Wampanoag Tribe understand that the casino pipedream is…well…a Dead Parrot. I nearly choked on my lunch today reading this article….really. Apparently Scott Ferson is not giving PR advice to the new Tribal Leader Cedric Cromwell. This really caught my attention…..

But Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell said the Bureau of Indian Affairs has given his tribe the “green light” to continue with the process that began with its August 2007 application

Really??? Huh….thats kind of funny because a discussion with the BIA office left me with a completely different perspective….but that is neither here nor there. Here is the clincher quote for me:

The tribe contends that the court decision ruled it would take an act of Congress to take land into trust for tribes that were recognized after the 1934 Indian Reorganization Act. Cromwell said the tribe was under federal jurisdiction in the 1800s, and therefore not constrained by the decision.

“We were under federal jurisdiction as part of the 13 Colonies,” Cromwell said.

Oooookay….so sorry Mr. Cromwell, but the Tribe was not under Federal Jurisdiction as part of the original 13 colonies because the Federal Government did not have federal jurisdiction over the original thirteen since it didn't exist, and the Federal Government does not have federal jurisdiciton over States or their citizens unless specifically given that power under the articles of the United States Constitution. You must have missed that class in American History. The Tribe gained federal recognition in 2007 - of which the Tribe's own historical timeline shows.

As Gladys’ poster on her blog stated, the Tribe was, if anything, under State jurisdiction and if I remember correctly, the State decided way back in 1978 that it was not a Tribe…and that decision was upheld in an appeal in 1979.

January 1978: Following a 40-day trial, the judge instructs the jury that they cannot find the Wampanoag are a tribe, unless the tribe falls within certain definitions at six points in history.
The jury responds that the Mashpee Wampanoag were a tribe in 1834 and 1842 - but not 1790, 1869, 1870 and 1976. The dates correspond to key dates in the history of the tribe and its suit, such as the 1834 Mashpee District Act and the 1870 incorporation of Mashpee.

- 1978: Judge Skinner dismisses the land suit, saying that the Wampanoag are not a tribe and have no standing to sue.

- 1979: The First Circuit Court of Appeals upholds Skinner's decision. Later that year, the U.S. Supreme Court declines to hear the case.

- courtesy of the Cape Cod Times -

Yet still, the Tribe did manage to gain Federal Recognition and all the benefits that go with that recognition. Yet they had to push the envelope by teaming up with foreign casino developers and declaring their “right” to build a casino over 39 miles away from Mashpee - in Middleboro, MA under the guise of the IRA and under the exceptions listed in IGRA.

…and there was nothing we could do about it….it was inevitable….heck - even our own Governor, Deval Patrick, apparently bought into that fairytale…that or just pretended to so he could push his own casino bill. Shame on him, either way…

Aside from the fact that the Mashpee Wampanoag Tribe has no historical ties to Middleboro, they certainly did not fall under Federal Jurisdiction in the 1800’s. I mean, if they did, wouldn’t they have included that in their own timeline?

And the funny thing here is, the Mashpee Tribal Council Leader cannot seem to understand that even if the Tribe does go to Congress, and somehow manages to convince Congress that they were under federal jurisdiction in 1934, they still won’t have the land in Middleboro placed into trust because it is unconstitutional – it treads on the sovereignty of the State.

The fact of the matter here is that in the United States, there are two separate and distinct jurisdictions - the jurisdiction of the States within their own territorial boundaries and federal jurisdiction. Broadly speaking, state jurisdiction encompasses the legislative power to regulate, control and govern real and personal property, individuals and enterprises within the territorial boundaries of any given State while federal jurisdiction is extremely limited, with the same being exercised only in areas external to state legislative power and territory.

The original thirteen colonies were each separately established by charters from the English Crown. Each had its own governor, legislative assembly and courts, and each was governed separately and independently by the English Parliament until that dastardly tea was thrown in the harbor and the Declaration of Independence was born.

The Declaration of Independence made each new State a separate and independent sovereign over which there was no other government of superior power or jurisdiction. This was clearly shown in Harcourt v. Gaillard, where the Court stated:

"There was no territory within the United States that was claimed in any other right than that of some one of the confederated states; therefore, there could be no acquisition of territory made by the United States distinct from, or independent of some one of the states.
"Each declared itself sovereign and independent, according to the limits of its territory.
"[T]he soil and sovereignty within their acknowledged limits were as much theirs at the declaration of independence as at this hour."

So in a nutshell, on a hot July day in 1776, the new States possessed all sovereignty, power, and jurisdiction over all the soil and persons in their respective territorial limits.

This condition of supreme sovereignty of each State over all property and persons within the borders was expressed with the adoption of the Articles of Confederation. In Article II of that document, it was expressly stated:

"Article II. Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled."

The history of the confederation government clearly shows that each State was indeed sovereign and independent to the degree that it made the central government created by the confederation fairly ineffectual. These defects of the confederation government strained the relations between and among the States and the solution to the problem was through the calling of a constitutional convention…and the birth of our Constitution.

During the penning of our United States Constitution there was not any intention demonstrated for the States to surrender the jurisdiction each States possessed, at that time. As a matter of fact, the Constitution as finally drafted continued the same territorial jurisdiction of the States as existed under the Articles of Confederation.

Art. I, Sec. 8, Cl. 17 of the U.S. Constitution:

"To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings."

The reason for the inclusion of this clause in the Constitution was and is obvious. Under the Articles of Confederation, the States retained full and complete jurisdiction over lands and persons within their borders. The Congress under the Articles was merely a body which represented and acted as liaisons to the States for external issues, and had no jurisdiction within the States. It would seem in reading, that this clause was included in the Constitution to give jurisdiction to Congress over the Nation’s Capital, and such other places as Congress might purchase for forts, magazines, arsenals, and other needful buildings where the State ceded jurisdiction of such lands to the federal government, and it certainly does not include jurisdiction over non-ceded areas – those remain within the power of the States.

So what does this mean? Well, to me, it means that Congress cannot take land from the State of Massachusetts (or any other State for that matter) unless it is federal land. That, or if the State gives permission for Congress to take it. It would be unconstitutional.

I define jurisdiction as this: The authority to act.

So as I see it, according to the Constitution, if the government has jurisdiction, it has the power to act. If it does not have jurisdiction, it does not have the power to act. The geographic jurisdiction of the United States is very limited and well defined. Federal geographic jurisdiction is limited to those places where the Unites States is the sovereign – when it is federal owned land.

In the United States there are only two kinds of reserved federal lands that are well-known: military and Indian. An Indian Reservation is federal land reserved for a tribe when it relinquished its other land areas to the United States through treaties. Military reservations are managed by the Department of Defense. Examples include army posts, marine bases, naval stations, and air force bases, such as Otis Air Force Base. I bring this up because the last thing I want to be reading is that one of the Mashpee Wampanoag Tribal leaders being quoted that there is Federal reserve land right on the Cape that Congress could potentially take into trust for them. The truth of the matter is, yes, Otis Air Base is federal land….but the other truth of the matter is Otis is still quite active, serving as the Massachusetts Military Reservation (MMR) and it also sits on a sole source aquifer, which is Federally protected.

Massachusetts Military Reservation (MMR), a military training facility, is located on the upper western portion of Cape Cod, immediately south of the Cape Cod Canal in Barnstable County, Massachusetts. It includes parts of the towns of Bourne, Mashpee, and Sandwich and abuts the town of Falmouth. MMR covers about 22,000 acres—approximately 30 square miles.

The Massachusetts Military Reservation is located over a sole source aquifer that provides drinking water for 200,000 year-round and 500,000 seasonal residents of Cape Cod. The aquifer, referred to as the Sagamore Lens, is a valuable water supply resource. – MMR website

So, in this chick’s eyes….the BIA can give all the “green lights” it wants to give, and the Mashpee Tribe can continue to insist they were under federal jurisdiction in 1934, it doesn’t matter. The BIA has no authority over the application - the best they can do is send it to the SOI, who can't do anything about it either. There will be no Mashpee Tribal casino built on sovereign land in Middleboro because the Supreme Court and the Constitution of the United States says so. The decision does apply to the Mashpee Tribe, much as the new section 20 regulations applied to them also. No grandfathering….no name on the list…..no land in Massachusetts for Congress to give….no Land in Trust…no casino…no green light. Heck, there isn’t even a dilemma zone here. I am afraid that Mr. Cromwell might be a bit color blind. The only light glaring on this entire casino pipedream is the color red.

While the Mashpee leadership contends the tribe is exempt from the ruling, Joseph S. Larisa, Jr., the assistant solicitor for Indian Affairs for the town of Charlestown, R.I., disagrees. Larisa, who handled the Rhode Island case that made it to the Supreme Court, said the Mashpee were not on the 1934 list of tribes under federal jurisdiction.

“The decision applies to the Mashpee, the same way it applies to the Narragansett. They don’t have the right to strip state and town jurisdiction (from the land),” Larisa said.

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

One is Such a Lonely Number

All this hype about a "fix" and how this ruling won't effect the Mashpee Wampanoag Tribe and BFF Herb Strather's casino pipedream has this chick really wanting to blog - especially about why this ruling will stand and how a "fix" is hardly fixing to happen....no matter how many letters pro casino people, casino investors, and casino interest Tribes write...that, and recent reactions I have read regarding the SCOTUS ruling regarding CvK, complete with quotes by Mashpee Wampanoag Vice Chair Aaron Tobey -

The tribe has two land-into-trust applications pending at the Bureau of Indian Affairs and will likely have to show that it was under "federal jurisdiction" in 1934 in order to benefit. But tribal leaders say they will pass the test.

"We don't see this as having any effect on us," Vice Chairman Aaron Tobey said. "Keep in mind, we have deed to 16,000 acres in Mashpee dated before 1934 ... we have deeds dating to the 1600s."

but alas, carverchick actually does have a day job with a lot going on this week....so for now, I want to post this response from a friend who actually gets it....

...if they want to scare us with their media quotes, then they had better gets their facts straight. I’m not scared of anyone who is stupid enough to believe that one application for 2 tracts of land is 2 applications. Don’t they do math down there in Mashpee?

Neither am I scared, my friend....neither am I. Upon reading this, I can only assume that Mr. Tobey still hasn't read the one and only application.

So, my dear friend, because you always know just what to say...this one is for you - I will always remember the chuckle we had over this song and how funny it was that it was the last song played that one time before casino....eerrrrr...coffee shop talk aired. It was one of the few times I have laughed over all of this.

oh - and from the "irony department" ....this song was sung by "Scandal".

Bu-bye Mashpee Wampanoag Tribal Middleboro casino....

Whoops.....I mean....bu- bye bingo-hall....

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

Exercise in Futility

What can one expect from a lawyer and now ex-Middleboro BOS selectman who spent the past year and half as the number one cheerleader for the Mashpee Wampanoag Tribe’s push to build a mega casino in Middleboro. If you support an irresponsible project without doing any research and push for an inadequate intergovernmental agreement, get your votes to accept said agreement using scare tactics and the myth of inevitability, then expect that you are going to be criticized when you turn around after the fact and say it isn’t good enough….and then quit under the guise of doing what’s best for your tribe. To hell with everything else your town faces, the rest of the board doesn’t agree with you, so get up and walk out in a blaze of glory. That’s about as close as any of us will get to justice in Middleboro where town politics has become a soap opera.

I am not criticizing Mr. Bond for quitting his post as chairman of the board of selectmen, I am just questioning his reasons behind it. Can anyone say....draaaammaaaa.... The really sad thing about all of this is that when I read the comments sections on blogs from residents who have been wronged by him over this casino trainwreck, I read about how gallant he is….he shows true leadership….he has support for renegotiating the contract...he has done the right thing, we need to renegotiate in case it comes - when the reality of the situation is, there is no point in renegotiations and no point in Mr. Bond quitting his post in the manner that he did. Attempting to re-negotiate the IGA is a waste of time, effort, energy and money….it is an exercise in futility.

Here is the thing folks….the IGA that was voted in at the TMFH is the one that was submitted with the Land in Trust Application which means it is the only one that legally counts. The BIA is very clear on one issue. Once a LIT application is submitted it cannot be changed. There can be no additions or deletions made to the application package by the Tribe. Period.

I have been through the BIA’s checklist for gaming. Under the section entitled Request for Approval of Acquisitions. Here is what is says:

The information required under 25 CFR PART 151 should be organized to provide a complete picture of the tribe's request. Tribes should be encouraged to submit their requests in a manner which will facilitate the analysis of the request request. At the onset of a request, a tribe should be instructed on the nature of the requires submissions which support the request. Documents received from the tribe should be kept intact. NO ADDITIONS OR DELETIONS SHOULD BE MADE TO THE TRIBE'S APPLICATION PACKAGE. ANY ADDITIONAL INFORMATION OBTAINED BY THE BIA OFFICES TO SUPPLEMENT OR CLARIFY THE TRIBE'S APPLICATION SHOULD BE MAINTAINED SEPARATELY AND IDENTIFIED IN A MANNER THAT WILL ENABLE THE READER TO READILY MAKE A DETERMINATION AS TO WHICH OFFICE OBTAINED OR PREPARED THE ADDITIONAL INFORMATION.

The point I am trying to make here is that the tribe is not allowed to send anything in after the application has been submitted. They cannot rescind the old IGA and replace it with a new one. The only way information or documentation is added to an application is when they are asked for more documentation from a reviewing department who needs clarification on specific parts of an application. This is called Technical Assistance.

So, in a nutshell, the tribe has to be asked for more documentation. They cannot send anything in after the fact or update their LIT application. Mr. Bond is a day late and a few million dollars short here. Middleboro negotiated a contract with the Tribe. The Tribe submitted that contract as part of it’s LIT application. The Town has made it’s bed…now that is what I call a done deal.

This is a federal process people. There is nothing in the law or federal code that will allow a re-negotiated contract to be submitted at this point. I would have thought that Mr. Bond, being an attorney and all, or at least Mr. Whittlesey would have known that.

“I believe they've shown joyful willingness to support the tribe's interests over the town's," Bond said of his board. "From their actions, they've shown the town is desperate for a casino, and by doing that, they've rung a bell that can't be un-rung. In my mind, they have irreparably harmed the people of Middleborough." – Adam Bond quoted in the Boston Globe

Hey, I can relate to this statement….it’s just that in this chick’s eyes, Mr. Bond himself along with the Middleboro BOS have already irreparably harmed the people of Middleboro…as well as the people from the surrounding communities in the summer of 2007. So thanks for the concern, but the damage has been done and a done bun can’t be undone.

For those who feel that Mr. Bond did the right thing and honestly think that there is a chance to get more money from the Tribe…well by all means, please go on thinking that, but you may want to shift your focus away from wasting money renegotiating with the Tribe itself and hope like hell the State will make up that $18 million plus deficit you are now worried about. Good luck with that.

The only thing talks of re-negotiation will accomplish is to help the Tribe show efforts at mitigation from financial concerns raise during the EIS scoping session. It would only serve to provide the Tribe with more “proof” that the community at large supports this project, when in reality it doesn’t – as shown in Article 3 from the TMFH. I think Gladys Kravitz made this point quite well in her blog. The fact of the matter is, the only IGA that counts is the one in the application and the application can’t be changed or modified by the Tribe. Huh….I wonder why Mr. Whittlesey hasn’t pointed that out to anyone but instead supports Bond in his futile efforts at saving the town….

Dennis Whittlesey, the Washington attorney who helped negotiate the agreement on behalf of the town, had agreed with Bond. He urged selectmen to call for a meeting to "discuss the specific agreements made and the foundations upon which they were made." - Boston Globe article

So, if the bigwig DC Indian gaming lawyer Dennis Whittlesey couldn’t negotiate a fair agreement back in 2007, then what hope is there for the residents of Middleboro now – especially since the enlightened ex-selectman is still all for the casino project, the current BOS hasn't even bothered to read the indictments against the man they negotiatied with while some board members allegedly have private pow-wows of their own with key tribal officals and casino investors. I fear that the the only way Middleboro is going to get out of this with any money left is if this application is flat out denied by the SOI…or if the Supreme court rules in favor of Carcieri.

Live by the semantic sword, die by it also.

Those who cannot remember the past are condemned to repeat it without a sense of ironic futility - Errol Morris

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

Standing Strong

This post is dedicated to all of you....

You who stood up on day one and asked the questions...

You who continued to ask those same questions over the pounding of a gavel.....

You who started a grassroots organization dedicated to protecting and educating our community....

You who had the courage to speak to other communities and get them involved....

You who took the time out of your personal lives to research environmental impacts....

You who had the courage to speak out publicly against a casino in your community....

You who continue to ask the questions that were never asked by the Middleboro BoS....

You who continue to believe in the freedom of speech and the voice of the average Joe...

You who fight for your homes, your families .... your communities....

You who believe in the actual practice of freedom of speech...

You who blog about the lies and misconseptions fed to us by those who are hungry with greed....

You who form the foundation of what this great nation is built upon - the right of freedom, liberty and the persuit of happiness...for all - not just a few at the expense of everyone else.

You who continue to fight against a casino in your community without fear...

and, last but certainly not least....

You who continue to tell the Mashpee Wampanoag Tribe, casino investors, flying monkeys and the federal government... "we're not gonna take it!"


"Is that a No Casino pin on your uniform?"

you betcha!!

We're Right!
We're Free!
We'll Fight!

You'll see!!

...or perhaps you already have seen. This State and this region will not be bullied into silence or acceptance of "it's coming - you have no say" by casino interests, flying monkeys....or those who claim the myth of inevitability.




We're Not Gonna Take It! - Twisted Sister



Rock on my friends....


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

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ON CASINOS

This is a Special Community Forum

to meet with the Task Force, get the latest

news on the casino and ask questions directly to the Task Force members

Date: Thursday January 15, 2009

Time: 7:00 p.m.

Carver High School Auditorium

For further information, contact the Carver Planning Dept.

at 508-866-3450 or email jack.hunter@carverma.org

This is an open forum for all our communities who are interested in learning more about how a Resort-Casino will affect you.

Gosh....how I love Carver!!

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

The Irony of it All

There was an interesting article in Monday’s Enterprise titled “Magazine Blasts Casino”. I call it interesting only because of the title. I would Oliver Mill Herring Run

think a more appropriate title would have been “Magazine Exposes Casino Impacts” because that is really what the Massachusetts Audubon’s recent magazine article is really about. You can read the Mass Audubon article in it’s entirely at CasinoFacts.org.

I must say I was moved by this article, because of its message, and specifically because it reiterates the haunting, yet moving words of Faries Dreaming Bear Gray, spiritual leader of the Massachusett Tribe when he spoke at the BIA EIS scoping meeting last March….his was a powerful and moving speech – here is what he had to say.
(please note that I am reprinting only a portion of his words. If you would like, you can watch and listen to his powerful speech yourself.)

My concerns in Middleboro are twofold. One - this is not Mashpee territory. Two - destroying trees, the four-legged, the winged ones, all the creatures that will be destroyed if they build a casino is not the native way. And I don't know how the Mashpee can not be ashamed to kill such things and then say that they are still connected to the land. That is not the way. I am the spiritual leader of the Massachusett. I have spoken with our ancestors - Massachusett and Wampanaog are not happy.

What about the trees. How many trees are going to die. How many? Does anyone know? What about the creatures? How many will lose their homes? The eagle, the hawks, which the Creator sees us through, will see the Mashpee destroying the land. The Mashpee should be ashamed. I don't understand how the Mashpee can make sense of what they are attempting to do. They say that they care about the land, they have been good stewards of the land. But they are going to destroy land. What little we have left they will destroy for financial reasons - to build a casino - because their tribe is struggling. What gives the Mashpee the right to take the lives of our brothers and sisters, our cousins - the creatures that live there? That is not the native way. That is the way of the settlers. That is not the native way - it never has been. I will not question the blood of the Mashpee .. but their spirit is gone. If their spirit is intact, they would know this is the wrong thing to do. You cannot replace those things that will die. As a native, they should know this.

- Faries Dreaming Bear Gray -

Well, it is quite apparent to me that there are many Native Americans who do know this …and many settlers, also. Unfortunately, we settlers do not have the same spiritual connection to nature as the Native Americans do, but there are many who honestly do try – and dedicate their lives to it.

For those who are not aware, Mass Audubon works to protect the nature of Massachusetts for people and wildlife and they are the largest conservation organization in all of New England.

THEIR MISSION: To Protect The Nature of Massachusetts.

THEIR VISION: A Commonwealth in which people appreciate and understand native plants and animals and their habitats and work together to ensure that they are truly protected.

THEIR ROLE: To serve both as a leader and a catalyst for conservation, by acting directly to Protect The Nature of Massachusetts and by stimulating individual and institutional action through education, advocacy, and habitat protection.

THEIR GOALS: To abate the principal threats to The Nature of Massachusetts. Broadly defined, these threats are:

-- habitat fragmentation
-- habitat loss
-- disruption of ecological processes
-- invasive species
-- incompatible human uses of the land.

- Mass Audubon website -

Well it is no wonder this carefully thought out and well written article gives us a true insight into what a mega resort casino can and will do to not only Middleboro…but to all the surrounding communities. It would seem to any rational person, that the Mashpee Wampanoag’s plan to build a mega casino-resort smack dab in the middle of forested wetlands easily falls under all five broadly defined principal threats to nature.

Heidi Ricci, senior policy analyst for the Audubon Society, and someone I would call a true steward to the land understands the threat we all face…and it is a threat….a threat to that land’s specific, fragile ecosystem and the wildlife that relies on it for survival. It is a threat to our quality of life and to our natural resources – those resources we so readily take for granted every time we turn the faucet, stop to admire the flight of a hunting hawk circling overhead, or look up at the stars on a warm summer night.

“It is a very environmentally sensitive site,” Ricci said of the 539 acres proposed for a casino. Ricci said if the land is taken into a trust for the tribe, it will be exempt from state and federal environmental law.

She said the impact to water, habitat and the transportation system in a remote rural area without infrastructure could be disastrous and far reaching.

And the effects won’t be limited to Middleboro, she said. She predicts substantial impact to natural resources and infrastructure in surrounding communities — the possible filling of wetlands, threats to the Taunton River and its 582-square-mile watershed and irreplaceable ecosystems, air pollution and threats to several aquifers in the region.“The impacts are far more than local. While the Native Americans negotiated with Middleboro, nothing’s in place to address the impacts to the rest of the region,” Ricci said.
- enterprise article -

Yes, the impacts are far more reaching than Middleboro, and are far from being easily mitigated. As you all know, I am a bit passionate about the environment. I am because I truly believe that we are responsible and need to be held accountable for the health and well being of this planet we call home. I have no real problems with development, just a really big and huge problem with a project slated to destroy pristine forested wetlands that under any other circumstances, would be considered too sensitive for development. Oh, and the one other thing that really grinds my gears is people who continue to tout that the impacts can be mitigated and no harm will come to anyone because the EIS will fix it all!

Phew!....and here I was, actually worried, that building a casino that rivals the likes of Foxwoods might actually ruin this forested wetland area – hey, that land isn’t called Meeting House Swamp because it’s uplands – is it??

Well, here is some food for thought. The environmental consulting company (one of many) that has been hired by the Mashpee Wampanoag Indian Tribe...eeer...I mean hired by the Tribe's investors.....have a few interesting things to say about “the project” (aka – the casino). Please keep in mind that this consulting company was hired solely for the purpose of gathering information for the EIS because it is a requirement for the LIT process. If the Tribe can get the land placed into trust, then what the Tribe does after the fact will essentially be none of our business because they are a sovereign nation – and all the blogging by a certain Middlboro BoS member won’t mean a darned thing because the Tribe will have gotten what they wanted from the Town….land....land for a casino - land that will be exempt from local, state and most federal regulations – the very regulations that have been put in place specifically to protect the very same natural resources we all rely upon for survival…two legged, four legged and winged alike.

So, here is a breakdown of the scope of environmental work to be done by this company. This company’s job will be to assess the land for wetland delineation, secure specific permits under the Clean Water Act and ensure “the project” will be able to go forward smoothly. I have purposefully left out the name of the environmental company.

Based upon the current concept plan, XXX understands that 3 to 5 acres of wetland will be filled for this project. It is XXX’s experience that, for this amount of wetland impact, it will be difficult to obtain permits at the federal review level…

Now pay attention here…this is important….

At the federal level, there will be a standard of avoidance of wetland impacts that will need to be addressed. For example, under Section 404 of the federal Clean Water Act, no filling of wetlands or waters is to be allowed unless it is the “least damaging alternative” (or LEDPA). Accordingly, both on-site alternative layouts as well as alternative sites will need to be evaluated.

Huh…I wonder what alternative sites the Tribe has looked at in the area that would be of less impact to wetlands? I mean, the letter I am quoting was dated August 16, 2007 and was submitted as part of the LIT application. Did they look at alternative sites even though their buddy Herb Strathers had already bought the land in Middleboro long before August of 2007 for them specifically to build an Indian Casino – to which good ‘ol Herb was hoping to cash in on???

In short, the regulatory process of reviewing and permitting this project will be long and complex, and it is not possible to fully predict the course that will be taken or the fee required for it….

The amount of wetland fill propped in association with this project will undergo an intensive review under the Section 404(b)(1) guidelines of the Clean Water Act…as proposed impacts exceed the one acre threshold……the amount of wetland impact proposed for this project is relatively high for the Corps New England District. The federal agencies are likely to view this site as essentially wetland dominated, with high value wetlands surrounding the site.

Wow…even the engineering company the Tribe ...whoops....I mean investors, hired recognizes that this property is forested wetland, and will run into issues with the project as it is being proposed for the EIS.

Now the thing here is that this project clearly does not meet Clean Water Act requirements, yet the Tribe will insist on doing whatever they can to fill these wetlands and build their casino. Don’t get me wrong here…the CWA does have provisions for allowing projects to go through even though they may exceed one acre of wetlands filled, but let us please keep in mind why we even have and act called “Clean Water”.

The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.

It is the national goal, that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by 1981.

The Clean Water Act also has regulations to protect wetland areas. The EPA does realize the critical importance of wetland areas for the propagation of wildlife, and as a system unto itself that actually helps ensure clean groundwater. In fact, if you go to their wetland webpage, here is what they have to say….

Wetlands are among the most productive ecosystems in the world, comparable to rain forests and coral reefs. An immense variety of species of microbes, plants, insects, amphibians, reptiles, birds, fish, and mammals can be part of a wetland ecosystem.

In a nutshell, wetlands are very special and sensitive areas. They are where water and land come together, much like an estuary, the areas on the coast where fresh and salt water mix… and a place where the plants have wet feet themselves, while enjoying a warm summer breeze. Wetlands are the place where upland and aquatic wildlife gather and thrive. These wetlands provide the most productive habitat possible and a critical habitat for an abundance of wildlife, including ducks, geese, swans, herons, frogs, turtles, snakes, otters, beavers, and scores of other animals. Wetlands provide spawning and feeding areas for fish and homes for rare plants and insects. They are considered the base of several major food webs.

Oh – but that can be mitigated!

Here is what that environmental consulting company said about on-site and off-site mitigation:

…XXX will work with the proponent to identify on-site and off-site mitigation areas....at a minimum XXX anticipates wetland creation or compensation on the order of at least twice the amount of area to be filled and this may greatly increase based on the…Corps compensatory mitigation guidance which requires 3:1 wetland restoration, 4:1 wetland replication and 20:1 wetland protection/preservation of forested wetlands.

Well, since the “Stewards of the Land” obviously have no interest in forested wetland protection/preservation to the tune of 20:1 ratio (if they did, they wouldn’t be destroying any to begin with)….XXX gives them this as an alternative…

There appears to be opportunities for wetland mitigation on or in proximity to the current K.F. Brick site in Middleboro.

Huh? Correct me if I am wrong here, but isn’t this the long abandoned brick site that is currently being used as a trash transfer station??? Gosh, the frogs, turtles, and all the other wetland dependent critters must be absolutely thrilled with this…..not to mention, when you consider the success rate – or lack there of – with wetland mitigation, one tends to worry just a tinsy bit about this little plan….

Here is what the CWA says:

Under the federal, and various state and local, regulatory programs, land development activities which may adversely impact wetlands require consent through permit approval from the regulating agency. At the federal level, under the Clean Water Act Section 404(b)(1) Guidelines of the CWA (codified at 40 CFR 230) and U.S. Army Corps of Engineers (Corps) regulations (codified at 33 CFR 320.4(r)), the Corps is obligated to require mitigation (i.e., compensation) for any unavoidable impacts on a wetland as a condition of permit approval. The developer can be required to enhance, restore, or create wetlands on or near the development site. Mitigation projects are meant to replace, on at least a one-to-one basis, the lost functions and values of natural wetlands affected by development activities.

Here is some interesting insight into wetland mitigation:

Although mitigation ideally provides a mechanism for accommodating both development and the protection of wetland functions and values, the low rate of success of mitigation projects is a subject of concern (Wolf et al. 1986, Kusler and Kentula 1990, Dobberteen and Nickerson 1991, Salveson 1995).

Successful wetland creation and major restoration projects still involve a great deal of uncertainty, particularly those that attempt to create or restore difficult wetland types (Kusler and Kentula 1990). Many types of freshwater wetlands that are slated for development are difficult or perhaps impossible to reproduce (Dahl and Johnson 1991, Kentula et al. 1992b 1990).

In a given permitting scenario, a decisionmaker faced with proposed wetland impacts must decide whether a functional equivalent of the wetland that will be eliminated by the permitted activity can be successfully created. Given the uncertain technology of mitigation, regulators sometimes face difficult decisions on what is too questionable, often in the face of substantial pressure to permit the activity.

Mitigation activities for forested and shrub wetlands typically result in out-of-kind creation because of the difficulty, expense, and uncertainty associated with creating such wetland systems (Kentula et al. 1992a, Bohlen and King 1994). Some forested wetlands represent advanced successional stages, and perhaps the most successful replacement efforts for these systems to-date have attempted to relocate system components intact, which has required large up-front financial expenditures (Gannon, pers. comm.). These efforts have been few in number. In a significant percentage of cases, the verdict is not yet in because of the decades-long time frames minimally required for the functional establishment of these mature systems.
- information courtesy of North Carolina State University-

Gee…..I guess Herb better had get some investors real quick…he is going to need all the money he can get for wetland mitigation…or will that cost fall to Sol and gang?

The letter goes on to explain that under the CWA and the Massachusetts Water Quality Certification Program (314 CMR 9.00) a 401 Water Quality Certification (WQC) is required for the proposed fill of wetlands over 5,000 square feet to ensure the project will comply with state water quality standards and protection of state and federal wetland resource areas…..

Wait a minute….who cares, right? The Tribe is federally recognized, deserves the land, so I am told, and has already stated in their scoping report that they will not be following state environmental protection laws….but here is the thing… this is a federal statute, so they need this permit....but it is the state DEP who typically issues said permit.

Tsk..tsk….now, I have to imagine that the MA DEP is going to be none too happy about the Mashpee Wampanoag Tribe…aka…people of the first light…aka…stewards of the land, totally dissing their regulations in their EIS scoping report – the very regulations that have been put in place specifically to protect the natural resources unique to the needs of our state. Yes, it will be quite interesting to see if the MA DEP will follow Massachusetts or federal laws for this permitting process – and please keep in mind that Massachusetts environmental regulations are more stringent than Federal environmental regulations.

The irony of this entire situation is that the Mashpee Wampanoag cannot or will not build a casino in Mashpee. Want to know why? Well, let me have the Tribe explain it to you as they did to the BIA and DOI in their Land in Trust application.

Lands in the town of Mashpee are unsuitable for a gaming facility or for other economic development ventures. First, lands owned by the Tribe or related entities in the Town of Mashpee are already being used for other purposes, and are not available for a gaming facility, hotel, etc. In addition, there are no readily available large tracts of land in the Town of Mashpee that could be used for a major economic development project such as that contemplated by the Tribe. There just are not sufficient lands available for purchase and/or development, and the available lands that are not developed are environmentally sensitive due to wetlands. In addition, the Mashpee area could not handle the traffic that would be created by a major casino resort given that Mashpee is located on Cape Cod which is accessed by only two bridges of four lanes each and all roads to Mashpee are two lane. This road infrastructure simply could not handle thousands of additional cars per day nor is it economically feasible to expand that road system.
- taken verbatim from the Mashpee Wampanoag Land in Trust Application-

Jeekers….that sounds a lot like our concerns! First of all, the available undeveloped land in Middleboro that the Tribe bought to build their monstrosity is also environmentally sensitive due to wetlands. How is it that they can mitigate the wetlands in Middleboro and not in Mashpee??

Oh, and the last time I checked….the land in Middleboro may not have a bridge separating it from 495, but it does have a nightmare of a rotary and only two lanes as opposed to the four lanes on the two bridges going to the Cape – which actually makes it eight lanes…ooh….sure….the new route 44 extension coming from route 3 is really nice – until it loses a lane at route 58 in Carver, that is. That, and all the other side roads going to the land in Middleboro are also two lanes…heck – on some of those back roads, your lucky if you have 1 ½ lanes….So again, how is that the road infrastructure in Mashpee is so less economically feasible than the roads in Middleboro…and Carver…and Plympton…and Bridgewater….and Lakeville…and Halifax….?

Sigh……the irony of it all.

I want to extend a big thank you to MA Audubon for the fantastic article, and for all that the organization and its members do to protect our wildlife, and educate the public about its wonderous opportunities as well as its much needed contribution to the health and well being of Mother Earth. In this chick's eyes, you are true stewards of the land.

The love for all living creatures is the most noble attribute of man.
- Charles Darwin

The question is not, Can they reason? nor Can they talk? but, Can they suffer?
- Jeremy Bentham (1748-1832)

“And he called him, and said unto him, How is it that I hear this of thee? give an account of thy stewardship; for thou mayest be no longer steward.”

Bald Eagle over casino site


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