Council may meet to discuss tribal land ruling

01:00 AM EDT on Thursday, July 26, 2007

By Maria Armental

Journal Staff Writer

CHARLESTOWN — A pair of Town Council members have asked for a special council meeting next Monday to discuss last week’s federal court ruling that the U.S. Department of Interior can take into trust for the Narragansett Indian Tribe 31 acres in Charlestown, and to talk about the contract of the town’s solicitor on Indian affairs.

Under the Town Charter, special meetings may be called by the council president or two council members.

The proposed meeting would focus on whether the town should appeal Friday’s ruling by the 1st U.S. Circuit Court of Appeals to the Supreme Court. If the ruling stands, the land will not be subject to state or local law.

State and town officials worry the decision could pave the way for tribal sovereignty over any land it acquires and might lead to a casino being built on it.

Currently, the tribe is subject to state and local voter approval to open a gambling venue.

Last November, voters rejected a proposal that would have allowed the Narragansetts to build a casino in West Warwick.

Councilman James M. Mageau, who called for the meeting along with Councilman Bruce W. Picard, said he would support the state appealing the appeals court ruling, with the town resuming the legal battle if the Supreme Court agrees to hear the matter.

“But not with Joe Larisa,” he said, referring to the town’s solicitor on Indian affairs.

Mageau said he wants to terminate Larisa’s contract, saying he had failed to work with the entire council and Town Solicitor Robert E. Craven, to whom Larisa reports.

“Looking at the scathing review they got,” Mageau said referring to the court’s ruling, “I’m beginning to wonder if anyone in Rhode Island understands Indian law.”

Pulling out of the lawsuit, however, would deliver a fatal blow to the case, ruining any chance of the country’s highest court hearing the appeal, said Larisa, council President Katharine H. Waterman and Vice President Harriet A. Allen.

“It is blatantly apparent that Mr. Mageau is working against the will of the people and has his own personal agenda,” Waterman said, accusing Mageau of pursuing real estate interests.

“He is willing to sell the town to the highest bidder,” Waterman said.

“As it stands, [it] could lead to a casino, but even without a casino, [it] could be a disaster,” added Allen.

The federal trust designation exempts tribal land from state and local law, including zoning and taxation.

While the 31 acres in question are set aside for housing for the elderly, town and state officials worry the decision could open the door for future land acquisitions that could also be placed in trust and developed — and taken off the tax rolls — without regard to local or state law, possibly as a site for a casino.

“That would turn into a disaster,” Larisa said.

“What’s at stake is not just the town but the state,” Allen added.

“This is the most important legal case in the history of Rhode Island,” Larisa said.

“The big question is whether Councilman Mageau wants to side with the town or with the Narragansett Indian tribe.”

Councilmen Picard and John O. Craig Jr. did not return calls for comment.

“The big question is whether Councilman Mageau wants to side with the town or with the Narragansett Indian tribe.”
Joseph S. Larisa Jr.,
Charlestown solicitor on Indian affairs

Charlestown