COLUMBIA -- A judge will rule within two
weeks whether the Catawba Indian Nation can operate video poker on its
reservation, he said Friday.
Master-in-equity Judge Joseph Strickland, specially assigned to the
case, said he will render his decision by Dec. 16. Strickland has been
asked to interpret the language of a statute that tribal officials claim
permits them to have a video poker operation on their tribal property.
Attorneys for the York County-based tribe argued with defense
attorneys representing the state Attorney General's Office Friday over
the meaning of the language in a land claim agreement with the state.
The case was heard in the Richland County Judicial Center.
Claim hinges on wording of 1993 settlement
In 1993, the Catawbas were recognized as a limited-sovereign Indian
nation and settled a land claim suit over 144,000 acres seized in 1840
by agreeing to a York County reservation and two bingo sites. The Cherry
Road Catawba bingo hall opened in 1997. That agreement also granted the
tribe the right to video poker on the reservation, tribal officials say.
The tribe's attorneys, Jay Bender and Dwight Drake, though the
wording of the agreement is somewhat confusing, it still gives the tribe
the exclusive right to operate video poker regardless of state law.
Drake underscored words on large visual aids pointing out to the
judge a phrase of the settlement agreement. He said two different
sentences in the statute mean two different things.
"The tribe may permit on its reservation video poker or a similar
electronic play device to the same extent that the devices are permitted
by state law ...," Drake read.
Dispute over language
He then continued to the next sentence which states that the tribe
must be permitted, "nonetheless, to operate (video poker) even if the
state prohibits the activity."
"The language is clear," Drake said. "It says what was given to the
tribe. The tribe has a right to say what it wants on the reservation."
State attorney Sonny Jones disagreed.
Previous case law shows a statute is not open to different
interpretations just because someone makes that claim, Jones told the
judge. This particular statute with the Catawbas is "crystal clear,"
Jones said.
"What we have in this case is them being dissatisfied with their
agreement," Jones said. "They are requesting that this crack cocaine
type of video poker be allowed in the county."
Drake argued that the statute is not state law but federal law and
can only be changed by Congress.
"If someone went to the U.S. code and looked at the words they could
only reach one conclusion," Drake said. "The words mean exactly what
they say."
Jones disagreed, saying, "There was never any question that anyone
was giving up police power to change the law of South Carolina." He also
reminded the judge that video poker was banned throughout the state in
2000.
Denyse C. Middleton • 329-4069
dmiddleton@heraldonline.com
