The Catawba Indian Nation filed a lawsuit against the
state of South Carolina on Thursday, claiming the tribe has the right to
video poker on its York County reservation because the state lottery has
hurt its bingo business.
State and local politicians, prosecutors and law enforcement have
vowed to fight the Catawbas' attempt to bring back video poker. Video
poker was banned in the state in 2000.
The lawsuit seeks a court order guaranteeing the tribe's claim. S.C.
Attorney General Henry McMaster will oppose any attempt to bring in
video poker, a spokesman said.
"This attorney general is undefeated and unscored on when it comes to
fighting gambling cases in this state," said Trey Walker, spokesman for
McMaster.
The Catawbas were granted two bingo halls in a 1993 settlement
agreement with the state and federal governments that established the
reservation, but the tribe also claims that the 1993 agreement gives
them the right to video poker regardless of state law.
The tribe filed a similar suit in federal court in May 2004 that was
dismissed in January.
The new lawsuit, filed in Richland County, claims the lottery has
caused a "fiscal crisis" for the tribe.
"The state of South Carolina is up to its ears as a gambling
promoter," said tribe lawyer, Jay Bender.
The tribe has been denied poker because state politicians don't want
significant competition to a state-owned enterprise, Bender said.
After the Catawbas threatened to bring in poker machines last year,
Sheriff Bruce Bryant vowed to seize any machines and prosecutor Tommy
Pope vowed to prosecute the cases. Both were named as defendants in the
dismissed federal lawsuit, but only the state is a defendant in the new
lawsuit.
"I am extremely confident we will prevail in state court like we have
in federal court," Walker said.
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 parlor has been in operation since 1997, but since
the lottery started in 2001 bingo profits have dwindled, tribal leaders
claim. Other potential sites in North Myrtle Beach and Santee near I-95
in Orangeburg County were met with political resistance and never
materialized, the tribe claims.
Denyse Clark • 329-4069
mailto:dclark@heraldonline.com
Andrew Dys •329-4065
adys@heraldonline.com
