Wednesday, February 25, 2009

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 -

Sunday, February 1, 2009

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 -

Friday, January 9, 2009

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 -

Wednesday, January 7, 2009

Save the Date!

Please join the

REGIONAL TASK FORCE
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 -

Tuesday, January 6, 2009

The Irony of it All

There was an interesting article in Monday’s Enterprise titledMagazine 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 -

Saturday, December 20, 2008

A Shadow of Doubt

The indictment of Glenn Marshall has brought into question the Mashpee Wampanoag's Federal Recognition process and whether or not illegal contributions played a part in them receiving said recognition. Let's face it, Glenn Marshall has plead guilty to federal charges of illegal campaign contributions and embezzlement of Tribal money. These are some serious charges, and if you take the time to read the indictment, it is painfully clear that Glenn Marshall, in kahoots with casino investors attempted to influence political decision makers through this entire process from Federal Recognition to where we are now....Land in Trust to build a casino on sovereign land exempt from local and state regulations. Wow....is it any wonder why people are questioning this?

I was really happy to see that CasinoFreeMass is calling on Massachusetts Attorney General Martha Coakley to open an investigation into the Mashpee Wampanoag's federal recognition process. President Rich Young, who is also the president for CasinoFacts.org really said it best:

"The citizens of Massachusetts should be able to feel confident in the legality and truthfulness of the Wampanoag's claims, and clearly, these guilty pleas and very serious breaches of public trust cast doubt over the entire process"

Yes, the citizens of Massachusetts should feel confident that the Federal Recognition process was legal and truthful, and right now, many of us really don't. I find myself questioning how the Mashpee Wampanoags were able to meet the seven criteria for recognition. In fact, people should write letters to their senators in DC asking that the Mashpee Wampanoag Tribe's federal recognition be “re-examined”. In light of Glenn Marshall's recent indictment and guilty plea, it seems that the tribe may have had to resort to bribery to get their recognition, and it’s possible that they did this because they weren’t eligible under the 7 criteria. Not to mention, anyone who has taken the time to read the findings for the final determination can easily see that the tribe didn’t have sufficient evidence - yet they got it anyway.

I have always brought into question the Tribe's claim of historical ties to the land in Middleboro, and I am certainly not the only one.......... (video courtesy of Bellicose Bumpkin)










Below is an essay that was written by Jim Lynch, a nationally recognized Ethno-historical research consultant. With permission, I am sharing his findings with you. I think it is important to understand why so many of us question the Tribe's claim to historical ties in Middleboro and why we continue to question everything about their application. It's quite simple really.....we have had this cloud of doubt and mistrust hanging over our heads for 19 months now. If you haven't already, then maybe you too will begin to question this entire process and how we wound up in the fight of our lives, for our lives - for our quality of life, and for our right as American citizens to have a fair and honest process for federal recognition and land in trust decisions made by our elected officials. Thank you Mr. Lynch for this well written and insightful look into the historical claims to the land in Middleboro made by the Mashpee Wampanoag Tribe.


Mashpee: A Question of Fact versus Fiction

James P. Lynch
Historical Consulting and Research Services LLC.


In the shortest, yet most instructive of his published writings, “History: Remembered, Recovered and Invented,” the eminent historian Bernard Lewis wrote of three different types of history that confronts the contemporary reader in the various media.

In his 1972 book, Professor Lewis noted “critical [recovered] history begins with dissatisfaction with memory and a desire to remedy its deficiencies.” Invention, as he noted, passes over recovered history and resorts to the “embellishment” of the past,” which Lewis noted, “influences inscriptions and chronicles, monographs and textbooks, and all the other media used to project an image and present a case” It is to certain “inventions” of Mashpee history that this short essay will address: the Mashpee are Wampanoag; the Mashpee greeted the Pilgrims when they landed at Plymouth in 1620; the Mashpee have historical and cultural ties to the lands in the southeastern Massachusetts Town of Middleboro.

How does a historical “invention” contrast with historical fact? Let’s start with the question of “Wampanoag.” Historically there was never a Wampanoag tribe per se. The term Wampanoag is a general linguistic descriptor. Its root lies in the Algonquian “Wa.panwi” which literally means “it dawns” or “easterner” It was a generalized term used by Algonquian-speaking tribes to refer to peoples to their east where the sun rises. In the case of “Wampanoag” we find the suffix “oag” (some Algonquian tribal dialects use “aug”) which denotes near water, or near a body of water. Thus a literal interpretation of “Wampanoag” is: a people who live where the sun rises near a body of water. In the case of southeastern Massachusetts , this descriptor was used as a term of reference by the Indians residing to the west of those Indians who resided along Buzzards Bay , most notably the Pokanoket. This term of reference was picked up by the early colonists at Plymouth who equated the term Wampanoag with the Pokanoket tribe in contrast to the neighboring Massachusett, Nipmuck and Narragansett tribes. With the advent of King Phillips War in 1675, the term became associated with those regional (eastern) Indian groups that joined Phillip (Metacom) in his conflict against the colonists. Thus we hear of a Wampanoag confederation in various historical writings.

Did any “Wampanoag” greet the first arrivals at Plymouth ? No. No Indians did. What William Bradford and those other first arrivals found were deserted Indian villages, the victims of smallpox epidemic that had spread south from Newfoundland . Were there “Wampanoag” in the region? Yes. The boundary between the Pokanoket and Massachusett tribal lands was in this area. Were these “Wampanoag” members of the Mashpee tribe? No.

Why weren’t the Mashpee there? Simply there was not a Mashpee tribe in existence at the time of historical contact (1620) in Massachusetts . Mashpee, as a self-governing distinct Indian community or enclave, having its own defined territory did not come into existence until 1665, that is, some forty-five years after the point of first sustained Indian contact with non-Indians (1620) in this region. Mashpee was a product of the collision between two cultures, English and Indian. Mashpee is not what is commonly called an “historic or historical tribe” that is, a politically organized tribe, having its own defined territory that was inexistence at the time of first sustained contact with the colonists (1620). Mashpee was the produce of tribal disintegration and fissioning as a result of this bi-cultural collision. The Mashpee enclave that came into existence in 1665 consisted of expatriate Indians from many different tribal groups who, having adopted Christianity, shed their previous tribal political relations and portions of their own cultural ideology, and came together into what was known as a “Praying Indian Town ” or simply “Praying Town .” There were many such towns established in eastern Massachusetts for these convert tribal fragments. Most importantly, the Mashpee did not represent a political or social continuation of a specific historic tribe or historic tribes that voluntarily and politically merged to form a new tribe. These converts, with their new Christian ideology were drawn together mainly through the efforts of a colonist named Richard Bourne who, being a friend to the Indian groups residing at the western end of Cape Cod convinced the sachems of two of these groups (Tookonchasm and Weepquish) to convey via a legal deed dated December 11, 1665, lands belonging to their respective groups to the convert community that had congregated on the Capes south shore. These extra-tribal convert Indians who initially resided on these conveyed lands became known as the “South Sea Indians” which later morphed into the name “Mashpee.” At this point in time the Mashpee formed their own town government, established land governance rules based in large part upon English law (Proprietorship) and town organization, had a defined bounded territory in which to live over which they asserted local jurisdiction. We find even as late as 1753, the Mashpee reminding the Massachusetts General Court “that the same sachems who had given most of the Cape to the English had also created Mashpee.” How Mashpee passed muster concerning the descent from a historic tribe requirement (25CFR 83.7 (e)) with the Bureau of Indian Affairs, thus gaining federal recognition leaves one wondering. With the name of the notorious Washington lobbyist Jack Abramoff now connected with the Mashpee’s recognition quest and his close association with former disgraced Interior Department administrator Steven Giles, one begins to see a picture, a not very pleasant one at that.

Thus the Mashpee cannot be considered Wampanoag in any political or tribal sense in that they were never part of the Pokanoket tribe nor were they part of King Phillips wartime confederation. Mashpee came into existence in 1665 as a Praying Town under colonial jurisdiction. As a matter of fact, Mashpee remained loyal to the colonists during King Phillip’s 1675 conflict, with some members of the community fighting against the Wampanoag confederation of tribes. Mashpee did not come into existence until 1665, thus making it an historical impossibility of having met the Plymouth colonists upon their landing in 1620, nor was there a Mashpee tribe present to have aided the new colony during those first terrible and trying years of Plymouth’s existence.

Now what about Middleboro, a town at the center of present-day controversy concerning Mashpee historical claims and assertions to the area? First, if the Mashpee were never politically or culturally affiliated with either the Massachusett or Pokanoket tribes, how can they make such a claim, especially given the fact that the Mashpee sided against the Pokanoket-Wampanoag confederation during King Phillips war? Second, the Mashpee cannot make a cultural affiliation with either tribe. They maintained a particular cultural and ideological base (Christianity) from their very inception that was vastly at odds with that of the traditional Pokanoket-Wampanoag. Third, from a historical perspective there was prior to Middleboro’s 1669 founding one named Indian village in the Middleboro area (Nemasket) which in 1622 was under the dominion of the Pokanoket sachem Massasoit, Yet we later find two such villages, “Assawompsett” and “Titicut” located near Middleboro. The historical records clearly depict Titicut as a Massachusett tribal village, while Assawompsett appears to have had a polyglot Indian population of former Pokanoket and Massachusett (with many moving there from the former Massachusett village of “Mattakesitt” in 1674). There is also evidence of Abenaki Indians who had been re-settled on the Freetown reserve having moved into and settled at Assawomptset. It was from the remnants of these two village populations that the name “Middleborough Indians” evolved during the eighteenth century. No where’s in this matrix is Mashpee to be found. In fact, presently only two associations directly mentioning an association between Middleboro and Mashpee are to be found in the April 1859 Report to the Governor and Council concerning the Indians of the Commonwealth, (Earle Report) a William Lee from Middleboro who had married a Mashpee woman and was presently residing in California, and a widowed state pauper named Sylvia Casco also from Middleboro.

One fails to see any Mashpee historical or cultural connection to Middleboro without the coverage of the historically unsupportable “Wampanoag” umbrella. Their request to have lands that they purchased in that town taken into trust by the Department of the Interior appears to lack a necessary historical or cultural foundation.

As is so often the case, the chasm between invented history and historical fact only widens with the application of what the late anthropologist Clifford Geertz called “thick description” or critical historical analysis.

Mr. James P. Lynch is a nationally recognized Ethno-historical, research consultant. He has authored numerous books, research publications, and articles on tribal land claims, tribal sovereignty, tribal recognition, tribal land into trust issues, and tribal history. His professional services are used by law firms, local, state and federal officials and agencies, and private sectors such as businesses, authors, and network news media. He has also testified as a qualified expert witness on historical and anthropological issues in federal and state courts. Mr. Lynch is the owner of Connecticut-based Historical Consulting and Research Services LLC.



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Thursday, November 27, 2008

A Charlie Brown Thanksgiving

So after a long and wonderful day feasting with friends and family, I cleaned the kitchen, packed up the leftovers for later and snuggled up on the couch with my son to watch A Charlie Brown Thanksgiving. The cool thing was, there was a bonus cartoon after called This is America, Charlie Brown - a Charlie Brown cartoon I had never seen? Awesome....

It's not surprising that I had never seen it because it was aired originally as an eight part mini-series in 1988 and I was much too busy doing teenager things to care about a Charlie Brown cartoon. Funny how now, 20 years later I was more than happy to watch it and just relax. Here is the other funny thing....as we were watching the Charles Shultz version of the pilgrims landing and subsequent salvation due to the kindness of the local Indian Tribe....I felt myself being vindicated. Here I and my fellow blogger have been berated on the local cesspool topix as a racist, a liar and an Indian hater. Wow.....all because Gladys Kravitz
blogged about the true history of the pilgrims landing and how it was not the Mashpee Wampanoag Tribe that welcomed them.....and I commented on her blog about some of the not so nice past actions we have read about over the past year regarding Mashpee Tribal leaders and members. How horrible of Gladys to debunk the Mashpee Tribe's claim to fame as being the tribe that met the pilgrims and how absolutely scandalous of me to remind everyone of the only times we hear anything about the Tribe....heck, it's not like they have come to any public forums and talked to the the community about their casino-resort plans....but I digress.

So I am watching this new to me Charlie Brown cartoon and guess what??? According to Mr. Shultz in 1988, it was not the Mashpee Tribe who met the pilgrims. Huh.....go figure....but hey, it is just a cartoon, right?

Could Charles Shultz have gotten it wrong too?








Happy Thanksgiving everyone. I hope your day was full of good times, close family and good friends. I am truely thankful for all of you who continue to fight for our quality of life, get the real stories out there, and never ever give in to our adversaries.

Here is a little update for my dear flying monkey friends who seem to think I take history lessons from cartoons. Well, at least I don't take history lessons from the Mashpee Wampanoag website....by the way, it would seem that Charlie Brown is smarter than a flying monkey....go figure.

It was an ordinary day when a cry suddenly went out among the settlement of “Indian!” Everyone became on guard. The figure of a lone Indian came walking towards them. What could this Indian want? They were all shocked when the Indian began speaking to them in English! How had this Indian from this wild land come to know English? He introduced himself as Samoset and told them his story: Samoset was a chief of the Algonquins of Maine. He had been exploring these parts for the Council of New England, having begged a ride with a Captain Thomas Derman, an English sea captain. Samoset had learned English over the years from the various sea captains who had ported in Maine, and he had a love for travel.

It was Samoset who told the Pilgrims of the Patuxet tribe who had lived on the very place the Pilgrims had settled but had been wiped out by a mysterious illness four years before. It was they who had cleared the land. No other tribe would live on this ground because of how the Patuxets had been wiped out. Their nearest neighbors were the Wampanoags, fifty miles west. The Pilgrims then wondered who it was that had attacked them upon their landing on the shore. Samoset told them it was the Nausets. They hated the white man because of the trickery of an English sea captain named Thomas Hunt. Hunt had deceived several Patuxets into coming aboard his ship. He then took them to Spain to be sold into slavery.

Samoset left the Pilgrims but returned a week later with yet another English-speaking Indian. This Indian’s name was Tisquantum, or Squanto, as he is better known. Squanto had quite a story to tell the Pilgrims: He had been taken captive, along with four other Indians, by Captain George Weymouth. They were taken to England and taught English so they could be questioned as to the best places to settle in the New World. Squanto spent nine long years in England until he met a Captain John Smith of Jamestown,VA. Captain Smith returned Squanto to his village on his 1614 voyage. The former mentioned Thomas Hunt was sailing with Smith on a separate vessel. Smith had ordered Hunt to stay behind while Smith attended to some business elsewhere. But, alas, Thomas Hunt had something else up his sleeve! No sooner had Squanto returned home than he was captured again! Squanto, along with 19 other Patuxets were of those who were lured aboard Hunt’s ship under the pretense of trading beaver pelts only to be captured again! So once again Squanto was taken to Spain and sold into slavery. How discouraging it must have been for Squanto. But God’s providence was at work. Some local friars bought (rescued) a few of the Indians, including Squanto. They introduced them to the Christian faith. Squanto later left the monastery, found a way to England, and attached himself to a wealthy merchant there. He lived there until he departed with a Captain Dermer in 1619. It was on this trip that he first met Samoset, who was traveling with Dermer. They were both dropped off at Plymouth just six months before the Pilgrims would be arriving. But it was then that Squanto learned of the tragic end of his tribe. Squanto, having no one, attached himself to the neighboring Wampanoag tribe. However, once he found the Pilgrims, he had found a new home and family. He stayed with the Pilgrims and as Bradford wrote, “was a special instrument sent of God for their good, beyond their expectation.” (1) It was Squanto who taught the Pilgrims many things about living in the wilderness, such as planting corn with fish for fertilizer, hunting, and many other life-saving skills. http://www.americandestiny.com/settlement.htm


Oh, and if this website causes the flying monkeys to start throwing poo again, I can certainly provide many other links to this time in history that also reference Samoset and Tisquantum as helping the pilgrims, such as this one and this one. Then again, according to monkey philosophy, every historian who writes about the first meeting with the pilgrims must be wrong and a lying, racist, indian hater because it had to be the Mashpee Wampanoag Tribe that met the pilgrims....they said so.


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