The Catawba Indian Nation can open a video
poker operation on its reservation, a judge ruled Tuesday.
But Catawba leaders will give up that right if state legislators
allow the tribe to open a high-stakes electronic bingo operation in
Orangeburg County, said tribal attorney Jay Bender.
If legislators don't agree, the tribe will exercise its right to
bring video poker to the York County reservation, Bender said. But
nothing will happen before the General Assembly reconvenes Jan. 10, he
said.
Attorney General Henry McMaster said the tribe is using the judge's
decision and the threat of video poker as "leverage" for its bingo
request. This is "an unsavory tactic," McMaster said.
"It's not a bluff. It's the economic survival of the tribe that's at
issue here," Bender said. "What I hope will happen is that the
leadership of the state will recognize the unique economic opportunity
for the tribe and the state" with the Orangeburg County operation, which
would be near Santee.
Judge Joseph Strickland of Columbia was asked to decipher the 1993
land-claim settlement that granted the tribe the right to a gambling
operation on its tribal property.
The 1993 settlement recognized the Catawbas as a limited-sovereign
Indian nation and allowed the tribe to open two bingo sites.
That agreement also granted the tribe the right to operate video
poker on the reservation, the tribe's attorneys have said.
South Carolina banned video pokerin 2000 because opponents believed
it was highly addictive and led to higher rates of robberies, alcoholism
and personal financial problems.
Strickland, a master-in-equity, ruled Tuesday the tribe can operate
video poker or similar devices on the reservation regardless of state
law.
The attorney general's office will appeal the decision, McMaster said
in a press release.
Gov. Mark Sanford has strongly opposed the tribe's repeated request
for high-stakes gambling, and McMaster opposes the restart of video
poker.
Battle expected
The state attorney general and governor will work together to fight
the reintroduction of video poker in the state, said Joel Sawyer, a
Sanford spokesman.
The ruling ratifies what pro-Santee gaming legislators and Orangeburg
County officials had been saying for years -- the Catawbas have a right
to video poker on its reservation but are willing to give up that right
to build a Santee bingo operation, said Sen. Brad Hutto, D-Orangeburg.
He has sponsored legislation to allow a bingo hall in Santee.
"I would hope the General Assembly will now take a fresh look at what
I have proposed," Hutto said. "If the people of Rock Hill and York
County want Indian gaming out of Rock Hill, they might get it with
Santee."
The Santee operation would not be video poker, but electronic bingo,
Hutto said.
But Hutto's chief nemesis over Santee, the Catawbas and video poker,
Sen. Wes Hayes, R-Rock Hill, balked at the Santee bingo hall
legislation. He doubts Tuesday's ruling will stick.
Hayes submitted an affidavit to Strickland saying he believes there
was no intent in the 1993 settlement to allow the Catawbas video poker
on the reservation if the state banned video poker.
"I was there during the negotiations, and I was there during the
settlement," Hayes said. "We are on the right side of the law on this
one."
Hayes vowed to fight any Santee bingo hall.
"It would be a casino with a thousand video poker machines," Hayes
said. "As far as I'm concerned, that's no option at all."
Tuesday's ruling makes it clear the Catawbas can have video poker on
the reservation, said Hutto, and the judge has sent a "clear message" to
law enforcement.
York County Sheriff Bruce Bryant and 16th Circuit Solicitor Tommy
Pope said their offices would honor Tuesday's ruling, although both hope
the decision is soon overturned. Each had vowed to arrest and prosecute
anyone who tried to bring in poker machines.
"We will respect the court," Pope said. "Ultimately, with all respect
to this judge, the law is clear, and this will be resolved in our
favor."
The sheriff's office is stretched thin and cannot handle a huge
influx of traffic and crime, Bryant said.
"I would hope the Catawba Nation, out of respect for the community in
which they live, will not put the machines on the reservation," Bryant
said.
The Catawbas and Orangeburg officials want the rural Santee operation
to take advantage of the massive New York to Florida traffic along I-95,
said both Hutto and U.S. Rep. Jim Clyburn, D-S.C. The parlor would be
near the highway and would eventually create spin-off businesses such as
hotels and restaurants, Hutto said.
Job creation
Thousands of jobs would be created in the bingo operation and in
other businesses, he said.
An economic analysis prepared for the tribe and Orangeburg County
projected the economic impact of a Santee bingo operation would be
similar to the impact of BMW's manufacturing plant in the Upstate,
Bender said.
The creation of the state lottery has handcuffed the Catawbas'
ability to make money that the settlement guaranteed, Clyburn said.
"At some point, the state either has to give up the lottery or leave
the Catawbas alone," Clyburn said.
Andrew Dys •329-4065 adys@heraldonline.com
Denyse C. Middleton • 329-4069 dmiddleton@heraldonline.com
