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Shinnecock Nation confronts town board after Southampton lawsuit

Construction machines.
Molly Ingram
/
WSHU
Construction machines.

Tensions escalated at Tuesday's Southampton board meeting when Shinnecock tribal members confronted the board over a recent lawsuit.

In December, the town sued several Shinnecock trustees over its construction of a travel plaza in Hampton Bays. The lawsuit alleges that the construction of the gas station and travel plaza violates zoning ordinances and state and local laws and creates a public nuisance.

The construction brought complaints from nearby residents, including some board members, who questioned the tribe’s sovereignty on the Westwoods property. After several months of seeking legal advice, the board voted 3-2 to sue the Shinnecock trustees.

During the public comment section at Tuesday’s meeting, several tribal members and residents responded to the lawsuit and the board's decision. Members of the Nation said they were angry and concerned.

Bryan Polite, former Shinnecock chairman, said he was disappointed and believed much of what the lawsuit outlined was wrong. The town has worked to rebuild a relationship with the tribe for the past few years.

“It’s a slap in the face to the Shinnecock people,” Polite said. “Calling us a public nuisance…claiming that we’re destroying forest while we’re surrounded by development, is just plain wrong.”

Polite said the town should have continued the conversations with the Nation to address concerns instead of resorting to legal action. Now, he fears this decision has caused “irreparable damage.”

“After years and years and years of trying to mend those fences, this is a generational schism that has now transpired,” Polite said. “Our tribal membership is livid.”

Shinnecock member Randy King said he had no issue with the board consulting an attorney for legal advice. But he thinks they shouldn’t have officially submitted a lawsuit.

“It’s the actions that you take with that attorney that will determine the next steps forward,” King said. “And you’ve chosen to weaponize the judicial system against us.”

Town Supervisor and board member Maria Moore said the litigation related to the Westwoods property “should not be interpreted as a show of disrespect against the Nation.”

But she said she hopes the decision doesn't interfere with the ongoing conversation with the Nation. Moore said she voted in favor of the lawsuit because she believed it was necessary to establish oversight of the project other than the Shinnecock Nation.

“The concern is when these very large gas tanks are brought in and installed and other matters,” Moore said.

In January, the U.S. Department of the Interior confirmed that the Westwoods property belongs to the Shinnecock Tribal Nation. The department stated it examined the area's land title status and determined it is within its “aboriginal territory.”

Bryan Newland, assistant secretary of the Department of the Interior, determined after several years of “researching relevant information provided by not only the Nation but Southampton Town public records.” The statement confirms that the land has been the Nation’s aboriginal territory since time immemorial.

Councilwoman Cynthia McNamara said the decision to file the lawsuit was not made in haste but after a year of dialogue with the town and tribal leaders. McNamara said her primary concern was about the project's safety because the town has not seen construction plans.

“At the end of the day, we’re all a community,” McNamara said. “We all have to work together to make sure everybody prospers and everybody is safe, and that's all I believe this board has wanted from the very beginning.”

Polite questioned the town’s intentions when it filed the suit. He believes sovereignty is at the core of the arguments. Polite said conversations within the community have included racially charged comments and misrepresentations of the tribal members. He said self-determination does not mean the tribe can “do whatever” they want but refers to tribal sovereignty.

“Just like you have a board and you have constituents, and you have regulations, and you have controls — we have the same thing,” Polite said. “We need to be respected as such. The federal government respects us as such. I wish this town board would.”

Jeniece Roman is a reporter with WSHU, who is interested in writing about Indigenous communities in southern New England and Long Island, New York.