Posted on Thu, Oct. 28, 2004


Judge hears Catawba arguments on tribal video gambling


Associated Press

A lawyer for the Catawba Indian Nation argued that a federal judge should decide whether the state can prevent the tribe from operating video gambling machines in Rock Hill.

But U.S. District Court Judge Cameron Currie said at Thursday's hearing that she doubted her court had jurisdiction in the case.

"I am still inclined to think that there is not federal jurisdiction here," Currie said after nearly two hours of arguments.

Lawyer Jay Bender said federal courts routinely handle tribal disputes. In this instance, the tribe's sovereignty is at issue and that shouldn't be up to the state to decide. Bender also said state and federal legislation that ended a decades-long land dispute never included the tribe giving up access to federal courts.

Lawyers representing prosecutors and police said the 1993 agreement clearly allowed the state to enforce video gambling and other laws.

Currie is expected to decide next month whether she has authority to hear the case.





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