COLUMBIA, S.C. - A judge ruled Tuesday that a 1993 agreement allows the Catawba Indian tribe to operate video poker on its reservation despite a statewide ban on the practice. But even before the ruling, the tribe's governing body was already looking to trade that right for the ability to operate a gaming facility in Orangeburg County.

Judge Joseph Strickland said a portion of the settlement reached between the tribe and state and federal governments includes an exception to the statewide ban that is "contingent upon the game being operated by the Tribe after approval by the governing body of the Tribe."

One sentence of the settlement says the tribe may permit video poker on its reservation "to the same extent that the devices are authorized by state law." But the paragraph also says that if the reservation sits in counties that prohibit video poker, "the tribe nonetheless must be permitted to operate the devices on the reservation if the governing body of the tribe so authorizes."

The tribe sued the state in July over the ability to operate video poker on its 760-acre reservation, in York and Lancaster counties. The tribe says profits at its Rock Hill bingo hall dropped by nearly half when South Carolina adopted a statewide lottery in 2002.

According to a release, the tribe's executive committee anticipated today's ruling, voting Dec. 6 to delay opening a video poker facility on the reservation "to give the General Assembly an opportunity to enact laws that would allow the Tribe to replace the video poker provision of the settlement with a high-stakes, electronic bingo hall at Santee in Orangeburg County."

In a statement, Attorney General Henry McMaster called the trade-off proposal an "unsavory" tactic. McMaster said he will ask the Legislature "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."

McMaster expressed confidence the state would ultimately prevail. Spokesman Trey Walker said the attorney general is working to schedule a rehearing with Strickland, which he must do before requesting an expedited appeal to the state Supreme Court.

Gov. Mark Sanford's spokesman Joel Sawyer said the governor agrees with McMaster.

"The governor disagrees with this decision and will work with the attorney general's office to fight the reintroduction of video poker in South Carolina," Sawyer said.

Catawba attorney Jay Bender said he was pleased with the ruling and that the tribe will rely on friends within the Legislature to guide further efforts.

One of those supporters said Tuesday's ruling is more about jobs than gambling. State Sen. Brad Hutto, D-Orangeburg, said the proposed Santee facility would create more than 1,000 jobs and could make the area a prime stop for East Coast tourists.

"We in Orangeburg County are looking at it completely as an economic development, tourism venture," Hutto said. He said the plan now is to take up a pending bill that would allow the Catawbas to permanently relinquish their rights to video poker on their reservation in exchange for the Santee facility.

Sen. Wes Hayes, R-Rock Hill, a video gaming opponent, disagreed with Strickland's ruling and said the law is clear on this issue.

"If it's outlawed statewide, it's outlawed for the Catawbas," Hayes said. "They're still subject to the state laws dealing with any type of gambling."