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Shinnecocks launch legal claim to Hamptons land

BY KATIE THOMAS | STAFF WRITER

June 16, 2005

To shouts of glee and the rhythmic taps of skin drums, Shinnecock tribal leaders burnt sacred sage over a stack of legal documents Wednesday and then strode into the Alfonse D'Amato Federal Courthouse in Central Islip to formally file their land-claim lawsuit against Southampton Town.

As they did, the Shinnecocks said they were fulfilling the wishes of generations of tribal members, who believe much of the town was wrongfully taken from them more than a century ago.

On a day of celebration, the Shinnecocks also acknowledged that the "catalyst" that allowed the leaders to file the lawsuit Wednesday -- the legal costs, along with a two-week television and radio ad campaign launched Tuesday -- are being paid for by two Detroit-based casino developers.

"This day has been decades in the making," said tribal chairman Randy King outside the courthouse.

Gateway Funding Associates, a company backed by casino investors Marian Ilitch and Michael Malik, signed an agreement with the tribe more than a year ago to pay for the lawsuit and other "economic development" initiatives in exchange for a part of any future proceeds, said Tom Shields, a spokesman for Gateway.

Although Shields said the investors would back any project the Shinnecocks decided to pursue, he acknowledged "a casino opportunity is one of those things they would be willing to support."

In remarks after filing the lawsuit, King hinted that the possibility of building a casino on tribal land enabled the Shinnecocks to file the suit, which seeks billions of dollars in monetary damages and the reclamation of about 3,600 acres of property, including the Shinnecock Hills Golf Club, National Golf Links of America and the campus of Southampton College.

"It is only now that we have the wherewithal to bring these claims forward," he said.

King would not say what the tribe would do with the land should it win the suit. "That's our decision and we will let you know as soon as we make it," he said.

Shinnecock tribal members have long held that the area in question was wrongfully taken from them in 1859, when the Long Island Rail Road sought to run its line east to Montauk and a group of private investors asked New York State to break a 1,000-year-old lease the tribe had made with Southampton Town that covered the land the railroad wanted to cross.

Presented with a petition allegedly signed by 21 Shinnecocks, the state legislature approved the change. Tribal leaders now question whether the signatures were legitimate.

Legal experts have said the lawsuit -- which names New York State, Suffolk County, Southampton Town, the Long Island Rail Road, Long Island University and others -- is a long shot because the tribe is not federally recognized. Others have speculated that the suit is being used as leverage to get approval to build a casino.

Shields said Ilitch and Malik were not discouraged by the long-shot attempts to build a casino. "Casino gaming is an emerging industry, so a lot of states are at a different point of development. New York is in one of those early stages," he said. "It's a gamble, but any good developer, I think, has to take gambles."

Michael Cohen, a lawyer for Southampton Town, said Wednesday that the "town is going to vigorously contest the claim."

Kevin Quinn, a spokesman for Gov. George Pataki, who is also named in the suit, said "we will take whatever steps may be necessary to protect the interests of property owners and taxpayers on Long Island."

Also named in the suit were a handful of private businesses, including Parrish Pond Associates, the developers of a housing project in 2000 that was vigorously opposed by Shinnecock members, who said the land involved was sacred.

Michael McKeon, a spokesman for the tribe, said the suit would not evict any homeowners, but would seek to reclaim any empty lots still owned by the development company.

A woman who answered the phone at Parrish Pond Associates Wednesday said she knew nothing of the lawsuit and declined to comment.

Outside the courthouse Wednesday, about 100 Shinnecock members reveled in their historic moment. As three teenage boys sang a traditional "honor song" to the accompaniment of skin drums, the rest of the crowd ululated with joy. It was a public display that was unusual for the normally private community.

"The spirit is with me today," said one woman, who declined to give her name. She said she had lived on the reservation all her life.

Saundra Dennis, 55, a Shinnecock member, watched the festivities with a smile. "Unfortunately it had to come to this type of action for us," she said. Dennis said the potential development of a casino and the land claim were separate issues, but acknowledged that the financial help from developers made the land claim possible.

"It is a catalyst," she said.

Staff Writer Rachel Leifer contributed to this story.