The proposed establishment of an Indian casino in South Eastern Massachusetts will be dependent upon the consensus of its town members before being finalized, according to the town lawyer’s opinion. All decisions made by the board of Selectmen and Mashpee Wampanoag must by law be approved or disapproved at an official town meeting before the board signs off.

A letter was sent to the board by Town Counsel, Daniel Murray, outlining the requirements of this law. The tribe's leaders have stated that the contract can be confirmed without the town's agreement; however they would prefer receiving its support. According to the standing agreement, the Indian tribe would pay the town $7 million per year for 10 years in exchange for the town member's support of their casino and gambling activities.

The board is now planning to schedule a town meeting, and former selectman Robert Desrosiers, believes that "it's a step in the right direction". The Mashpee Wampanoag and their financial supporters currently own or have the option to control approximately 250 acres of Middleborough land. Desrosiers met with Martha Coakley – the attorney general – to discuss the town's sale of this property to the tribe. Coakley stated that the sale is improper because 20 acres of the land is not under the town's ownership. However if building of the casino goes ahead, the Mashpee Wampanoag tribe will be allowed to erect a "level 2" gambling facility which will include machines similar to slots. Other casino games such as Blackjack, Poker, and Roulette, will not be incorporated unless the town amends the law to allow level 3 gambling facilities.

Despite that the current proposed agreement in Middlesborough stands a good chance of gaining public support, the Mashpee Wampanoag tribal council chairman of New Bedford, Glen Marshall, prefers to wait and find a friendlier location for the casino. Among the alternatives are New Bedford and Whaling City, where it believed that town members will be more welcoming to the idea of hosting a casino.

However, "neither community is ahead of the other", says Marshall, which came as a relieving sentiment to the city councilors and department head of New Bedford who have lead the city's efforts to host a casino. Doing so would of course bring in hundreds of millions in revenues for the state, yet Governor Deval Patrick has decided to wait for research panel results/advice on the issue, before confirming his position.