A Plymouth town attorney has recommended that a Wampanoag land acknowledgment not appear regularly on any board or committee meeting agendas.
Plymouth General Town Counsel Kate McKay said a land acknowledgement "could have future binding implications."
Plymouth Area League of Women Voters Diversity, Equity, and Inclusion Committee Chair Phoebe Flynn proposed a land acknowledgement at a May 16 Committee of Precinct Chairs meeting.
The league requested that the land acknowledgement, honoring the Herring Pond Wampanoag Tribe , be routinely read at the beginning of every committee meeting.
On Thursday, as a result of McKay's opinion, Committee of Precinct Chairs members voted to remove any land acknowledgements from future committee agendas. They also voted to defer to the Select Board on any land acknowledgement decisions.
At previous meetings, some committee members rebuffed Flynn's proposal. They voiced concern that a land acknowledgement could lead to reparations for Wampanoag tribe members , and future land back initiatives.
In Plymouth, town meeting is a 135-member body of elected representatives divided into 18 precincts, serving as representatives for the town's approximately 60,000 residents. The Committee of Precinct Chairs , comprised of all 18 precinct chairs, facilitates the business of town meeting and makes recommendations to the town meeting and the moderator, according to the town meeting handbook.
What is a land acknowledgement?
Land acknowledgements are a few sentences that are read at the beginning of public and private gatherings like school programs, sporting events, and town meetings, according to Herring Pond Wampanoag Tribe Chair Melissa Ferretti. It's a way to recognize and appreciate Indigenous people as original stewards of the land, she said.
The proposed Wampanoag land acknowledgement for Plymouth states, in part: "We acknowledge that we are meeting on the sacred land of the Wampanoag Nation. We honor the Herring Pond Wampanoag people as the original stewards of this place now known as Plymouth ... As we acknowledge many historical injustices, may we keep the first peoples of this land in our hearts and minds as we discuss issues affecting these valuable members of our community and their ancestral homelands today."
The statement was updated from a land acknowledgement written by the Herring Pond Wampanoag Tribe in 2019 for the Plymouth Open Space Committee , said Ferretti.
Groups like the League, and Plymouth No Place for Hate Committee adopted the land acknowledgement in April for their own meetings.
Reactions to the committee vote
Plymouth Area League of Women Voters Diversity, Equity, and Inclusion Committee member Roberta Zallen said she was "gobsmacked" by McKay's opinion. "The fact they can't even acknowledge that this is the land of the Wampanoags is mind boggling," said Zallen.
Ferretti said that she is disappointed by the committee's decision. The town of Plymouth profits from stories of Wampanoag Pilgrim history, she said.
"If a land acknowledgment is merely symbolic and lacks genuine commitment, we would prefer not to have it implemented at all," said Ferretti, who is also a Bourne Select Board member.
During Thursday's Committee of Precinct Chairs meeting, member Betty Cavacco said it's the Plymouth Select Board that's charged with making policy for the town.
"And then we follow suit," said Cavacco, who represents Precinct 6. "I appreciate the sentiment but we have to look at how this affects us now and in the future."
Committee member Michael Leary said during the meeting that the League should gather 1,500 to 2,000 petition signatures in favor of the land acknowledgement and submit them to the Select Board.
"It shouldn’t come up to us. This board would be overstepping," said Leary, who represents Precinct 5. "We really should be representing our precinct period. Not our own opinions. And that’s my opinion on it."
By deferring any land acknowledgement decisions to the Select Board, Ferretti said the committee shirked its leadership duties and missed an opportunity to make a meaningful statement.
"This decision feels like an attempt to avoid taking a stand, rather than addressing the matter with the respect and simplicity it deserves," said Ferretti.
McKay says other states had same legal concerns
On Thursday, McKay told the committee she searched nationwide for case law related to land acknowledgements.
"There is no binding precedent that I could find where a land acknowledgement had been brought to court for a purpose of obtaining land or not obtaining land," said McKay.
McKay said she looked closely at land acknowledgements adopted on a state level in Arizona, California, New Hampshire, Vermont and Rhode Island. In all of those states, clauses or statements were added to ensure that a land acknowledgement didn't lead to legal avenues for tribal land claims, McKay said.
"I interpret the other legislation that I examined to have the same concerns regarding future land claims," she said.
Ferretti said the obvious lack of case law related to land acknowledgments and land claims clearly shows there is no need for extensive caution.
"Suggesting this is harmful creates further unnecessary division during a critical time of national discord," said Ferretti. "The decision may be a punch in the gut for me, but it is surely a black eye for Plymouth."
Ahead of the June 20 committee meeting, Flynn sent a 27-page document to the committee members, she said. The document gave examples of historical injustices Native Americans have faced, the use of land acknowledgements across the state, and what land acknowledgements mean when it comes to property rights.
A copy of that document was also submitted to McKay. In her legal opinion, McKay refers to the document's assertion that an absence of legal precedent is proof that there is no legal significance surrounding land acknowledgements.
"Rather, it may be an area of law that has not been challenged or addressed at a level where the outcome is reported," said McKay in her written opinion.
Cavacco: 'They should be removed'
In McKay's legal opinion, she said there are examples of land acknowledgements that have already been adopted by various entities including town meetings and private entities within cities or towns. If a party sought to enforce a land acknowledgement in court, it is her opinion that it would require evaluation on a case-by-case basis based on individual content.
"The lack of uniformity amongst all land acknowledgements prevents a generalized opinion applicable to all acknowledgements," said McKay in her statement.
Cavacco, in turn, suggested during Thursday's committee meeting that land acknowledgements be eliminated across all town committees and boards.
"That statement, any kind of statement, shouldn’t be on anyone’s agenda. And if I understand correctly, from the legal opinion that we’ve seen, they should be removed," she said.
Ferretti: 'Erroneous and short sighted'
For Ferretti, it's important for Plymouth town boards and committees to understand that the Tribe doesn't need a land acknowledgement to take legal action toward land claims. It's clear, she said, that McKay, and board and committee members need to further educate themselves.
"Thinking that the town can protect itself from such actions by denying a land acknowledgment is erroneous and shortsighted," said Ferretti. "Tribes that have never taken such action would certainly be less likely to do so with a positive and supportive relationship with the town."
Editor's note: This story was changed on Aug. 20, 2024, to correct the number of Plymouth precincts.
Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com . Follow her on Twitter: @RachaelDevaney.
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This article originally appeared on Cape Cod Times: 'Overstepping.' Plymouth town committee makes decision on land acknowledgement request
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