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Article published: Dec 14, 2005
Judge sides with Catawbas on video poker; attorney general to fight ruling

The Catawba Indian Tribe's efforts to build a multimillion-dollar electronic-gaming facility in Santee was given new hope Tuesday when Judge Joseph M. Strickland ruled in support of the tribe's right to "operate video poker" at its reservation outside Rock Hill.

In early August, the Catawba Tribe filed a lawsuit in Richland County Circuit Court against the state of South Carolina and state Attorney General Henry McMaster, asking the court to uphold a 1993 settlement agreement that gave the tribe the right to operate two bingo facilities.

Tuesday afternoon, Strickland released his decision supporting the settlement, which gave the tribe the right to operate a video poker facility on its Rock Hill reservation. Video poker machines were removed from the reservation when video poker was outlawed in South Carolina in 2000.

McMaster's response to the judge's decision was quick and to the point.

"We disagree strongly with Judge Strickland's order, but remain confident that the state will prevail in the end," McMaster stated in a news release. "We will aggressively and immediately fight Judge Strickland's decision, including asking for an immediate re-hearing before Judge Strickland, and if necessary, an expedited review by the state Supreme Court. Again, we are confident of the state's ultimate success."

McMaster said the court's ruling involved a "larger issue."

"By their own admission, the Catawbas are using Judge Strickland's order and the threat of video poker as leverage to force the people of South Carolina, through their General Assembly, into authorizing the tribe's operation of an electronic bingo casino in Santee."

McMaster said the use of the decision to garner support of a facility in Santee is an "unsavory tactic."

"I will ask the General Assembly to quickly pass a joint resolution condemning this tactic and stating firm opposition to any and all efforts to reintroduce casino-style electronic gambling in South Carolina," he said.

Jay Bender, attorney for the Catawba Tribe, said he was "quite pleased" with Strickland's decision.

"With respect to the tribe's decision to go to Santee, this decision could open doors to serious discussions between the tribe and the state," Bender said from his Columbia office.

"The Catawbas very much want to honor their commitment to Santee and will delay opening video machines at the reservation to allow the General Assembly to enact legislation allowing bingo in Santee," Bender said.

The tribe originally planned to open a bingo facility at the Santee Outlets mall, but allowed its lease on the property to lapse in September 2004. At the time, the tribe said it was still interested in a Santee location.

Bender said a multimillion-dollar electronic-gaming facility on the shores of Lake Marion would help alleviate the high rate of unemployment in the Santee area.

"The political community and the residents of Santee have offered tremendous support for the tribe's decision to open a facility in Santee," Bender said. "A bingo facility in Santee would be a huge economic boost to the area's economy."

U.S. Rep. Jim Clyburn, D-S.C., said Tuesday he would have filed the lawsuit a long time ago.

"I've been saying since day one that if I was a member of the tribe I'd file a lawsuit," Clyburn said.

"A facility in Santee would offer the area on both sides of Lake Marion considerable growth. It would help that area move ahead by enhancing its economic potential through jobs and a better lifestyle," he said.

Bender said he wasn't surprised by McMaster's response to the judge's decision.

"(McMaster's) office has handled themselves with the utmost professionalism," Bender said. "We expected him to vigorously oppose this result. We vigorously oppose the state's notion it's not in the gambling business," he said, referring to the South Carolina Education Lottery.

Contact Staff Writer Sharron Haley at shaley@theitem.com or 803-435-8511.