The Shinnecock Indian Nation on Monday filed suit against the Town of Southampton alleging violations of federal law after the town threatened legal action if the tribe used its Westwoods land for parking for an upcoming event.

The move for the first time shifts the Shinnecock nation’s ongoing dispute with the town into federal court, a move tribal leaders had signaled after a series of setbacks in state court tied to a travel plaza/gas station it plans to open on the Westwoods property in Hampton Bays. 

In the suit filed in U.S. District Court for the Eastern District of New York, the nation seeks a ruling that the town’s threatened legal action over its use of Westwoods for parking is illegal and requests an injunction barring the town from enforcing a recent "cease and desist" letter. The letter sent to the tribe last week threatens legal action if the tribe uses Westwoods for overflow parking for its upcoming Palm Tree Music Festival at its main Southampton territory. The festival takes place on Saturday.

Southampton in December filed suit in state court against Shinnecock leaders, months after they began construction on a 20-bay gas station/travel plaza at Westwoods. The tribe has described the project as a much-needed economic engine for a community in which many live under the poverty level. A judge ordered a halt to construction in March at the town’s request, a ruling the tribe says is costing it upward of $22,000 a day.

The tribe is separately fighting another ruling in state court involving its Sunrise Highway billboards, also on adjacent Westwoods land. A state Appellate Court in December said a lower court erred in not granting an injunction in 2019 to halt construction as part of a lawsuit filed by the state Department of Transportation. The tribe is appealing that ruling.

Shinnecock leaders in their motion to dismiss the town’s gas station lawsuit have argued the state Supreme Court doesn’t have authority over the nation and its land holdings, most notably after the U.S. Department of the Interior affirmed Westwoods is part of the tribe’s sovereign, restricted-fee land holdings. The town in its filings has disputed that federal affirmation.

In the music festival dispute, Southampton’s cease-and-desist letter said using Westwoods for overflow parking would constitute a violation of Southampton Town Code.

The tribe's suit names as defendants Southampton Town, several town trustees and a code enforcement officer. It suit says the nation, its officials and its restricted-fee lands "are not subject to the Southampton code," nor to any of its zoning restrictions or to "state or municipal construction or event permit requirements."

A federal finding in the tribe’s favor could supersede the ruling of the state court.

Southampton Town Attorney Jim Burke, in an email, said he has reached out to Shinnecock leaders and their attorneys "about the use of Westwoods for parking for the event and would like further information about what the plans would be." 

Burke said using a property such as Westwoods for parking "for a special event such as the Palm Tree Festival would require a special event permit which has not been applied for or issued in this instance."

He added, "While the issue of the sovereignty of Westwoods is a continuing issue ... the town would be available to meet with the Nation and possibly the State as well to discuss the possibility of some type of overall resolution of the issues involved. We are also available to discuss the immediate issue concerning the Palm Tree Festival as well at anytime." 

A Shinnecock spokeswoman wasn’t immediately available for comment.