Language would authorize Historic Horse Racing machines without Tribal consultation, undermining the Tribal-State Compact and Massachusetts’s carefully negotiated framework
“Backroom deals on behalf of developers that trample on sovereign rights of our people is simply not how things are done in Massachusetts – that’s why we are confident that slot machines masquerading as “historic horse races” will never be allowed in the Commonwealth, and we are preparing to fight to ensure that result.
The Tribe strongly opposes the language, which would allow Historic Horse Racing machines to move forward outside the framework of the Tribal-State Compact and the Massachusetts Expanded Gaming Act. The Tribe believes the proposal would upend the Commonwealth’s carefully negotiated gaming framework, undermine its commitments to the Mashpee Wampanoag Tribe, and authorize slot-like electronic gaming outside the licensing, regulatory, and consultation requirements that apply to every other casino operator in Massachusetts.
“The Mashpee Wampanoag Tribe is disappointed that the House advanced gaming language that would expand gambling in Massachusetts without honoring the Commonwealth’s commitments to the Tribe or the government-to-government relationship we share,” said Mashpee Wampanoag Tribe Chairman Brian Weeden. “But the Senate now has an opportunity to correct this problem, remove this language from H.5562, and make clear that Massachusetts will honor the Compact and keep its word.”
For generations, the Mashpee Wampanoag people have seen agreements ignored, promises narrowed, and rights rewritten when land, money, or outside interests were at stake. The Tribal-State Compact was supposed to be different. It was a formal agreement between two governments, negotiated under federal and state law, to establish a clear framework for Tribal gaming in Southeastern Massachusetts.
“The Tribe has honored the Compact,” Chairman Weeden said. “We opened First Light in Taunton as the first step toward creating jobs, entertainment, economic opportunity, and a Native-owned destination that Southeastern Massachusetts can be proud of. The public response has been strong, and we have shown that First Light can grow into something truly special for the region if the Commonwealth honors the agreement already in place.”
Attorney Rebekah Salguero, counsel for the Tribe, said the House-passed language raises serious legal and policy concerns that should not be handled through a late amendment process.
“Historic Horse Racing machines are not a minor update to horse racing law,” Salguero said. “They raise significant questions under the Tribal-State Compact, the Indian Gaming Regulatory Act, and the Massachusetts Expanded Gaming Act. This kind of gaming expansion should not move forward without full legislative scrutiny, public input, and direct government-to-government consultation with the Tribe.”
The Tribe’s legal position is that Historic Horse Racing machines are electronic gaming terminals similar to slot machines that use past horse races as the basis for wagering. By characterizing these machines as pari-mutuel wagering, the legislation would create a shortcut around the regulatory framework that applies to casino gaming in Massachusetts.
“The Commonwealth created a careful gaming structure for a reason,” Salguero said. “That structure includes licensing, suitability reviews, background checks, responsible gaming protections, and a Tribal-State Compact that recognizes the Tribe’s rights in Region C. The Senate should not allow that carefully constructed framework to be dismantled through last-minute language that has not received the review it deserves.”
The Tribe is urging the Senate to remove the Historic Horse Racing language from H.5562 and require a full, transparent review before any major gaming expansion is allowed to move forward.
“The House has acted, but the Senate still has the opportunity to fix this,” Chairman Weeden said. “The Tribe is not asking for special treatment. We are asking for fair treatment. We are asking Massachusetts to honor the Compact, respect Tribal sovereignty, and keep its word.”
