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Catawbas vs. S.C. again: Santee loses

Politicians sometimes look for a way out of a political vice. Sen. Lindsey Graham, an attorney, may have found his in the courtroom, no less.

Graham continues to block a U.S. Senate vote on granting the Catawba Indian Nation federal authority to operate a high-stakes bingo facility in Santee. And he's talking more and more like there will be no such vote.

Not surprising since Gov. Mark Sanford and now other Republicans such as House Speaker David Wilkins are speaking out in opposition to giving the Catawbas status under the Indian Regularly Gaming Act. IGRA is the legislation under which Indian tribes around the country operate bingo and even casinos. Sanford and others, including Graham, have expressed fear that IGRA status will mean bingo today and casino gambling tomorrow.

That's a political smokescreen. Under proposed federal legislation, the Catawbas would be limited to operating bingo at the Santee facility, which would be the tribe's second bingo operation. Under a 1993 agree with the state of South Carolina that settled a land claim, the Catawbas were granted the right to operate two bingo facilities. The one in Rock Hill operates under state oversight without IGRA status.

By law, the Catawbas in Santee would be limited to gambling that is legal in South Carolina. Casinos are not legal -- but a lottery is.

And now that the Catawbas see their chances of reaching agreement on a Santee operation fading, they may play hardball by going to court over none other than the lottery.

While Graham holds off a vote that would be unpopular with GOP leaders in South Carolina, he is citing the lottery inspired by former Democratic Gov. Jim Hodges as a legal pitfall. He confidently predicts the entire matter is headed for court.

What a shame. Orangeburg County and its leadership has made clear its desire to be the host site for the Catawbas, supporting IGRA status and imploring state leaders to go along. While this matter goes to court, our local economy is missing an opportunity.

Instead of the state reaching an accord with the Catawbas, the legal battle could stand to undo the entire agreement with the state.

The Catawbas' attorney, Jay Bender, is contending that the pact gave the Catawbas status as the chief operator of gaming in South Carolina. The state's operation of a lottery, he says, has cut revenues from the Rock Hill bingo operation more than in half and made the state the tribe's competitor. A lawsuit would seek compensation for injuries suffered from the lottery operation.

There is also the issue of video poker, which the '93 pact authorizes but has since been outlawed in South Carolina. The Catawbas could move to operate video poker in Rock Hill, contending the state's move to outlaw the games does not nullify the agreement.

And while state officials such as Sanford and Wilkins say the Catawbas can operate a Santee facility under the agreement with the state, they know that won't happen. Why would the Catawbas agree to open a second facility that faces the same lottery competition and lacks the authority to offer the games for the high stakes that would expand popularity? IGRA would allow the Catawbas to link with bingo games at other reservations and offer payouts of up to $100,000.

Bottom line for Orangeburg County in all this: We lose either way. Failure to grant IGRA status means the Catawbas won't open in Santee. Going to court means the Catawbas could be compensated, but a settlement isn't likely to mean terms that give the Santee operation the link with other tribes' games that could make it profitable. And that means no bingo in Santee.