Catawbas sue state
claiming right to video poker
JACOB
JORDAN Associated
Press
COLUMBIA, S.C. - The Catawba Indian Nation
sued the state of South Carolina on Thursday, claiming the tribe has
the right to operate video gambling and other gaming machines on its
reservation in York County.
The lawsuit comes after the Catawbas tried to build an
electronic, high-stakes bingo parlor in Santee to offset losses the
tribe said it has incurred in competition with the South Carolina
lottery. The tribe's attempts to set up the bingo hall have been
stymied by legislative opposition.
After holding out hope for two years that a bill allowing the
bingo hall would pass the General Assembly, the Catawbas filed the
lawsuit in state court.
"Had the legislation been passed to allow the tribe to have a
state-of-the-art bingo hall in Santee, we wouldn't be arguing
whether or not the tribe has its right to video poker on its
reservation," said tribe attorney Jay Bender.
State Attorney General Henry McMaster and Gov. Mark Sanford have
both said they do not think the Catawbas have the right to operate
video gambling machines. An attorney general's opinion says video
gambling became illegal everywhere in the state, including the
Catawba reservation, when the state outlawed the machines in
2000.
McMaster's office previously intervened in a similar federal
lawsuit the Catawbas filed, and the attorney general's spokesman
Trey Walker said Thursday's filing "amounts to a rehash" of that
suit, which was dismissed.
"When it comes to fighting and winning gambling cases in our
state courts, this attorney general is undefeated and unscored on
and has been highly successful in fighting the re-emergence of video
gambling," Walker said. "The state court jurisdiction is a
home-court advantage for the antigambling forces."
In the previous lawsuit, a federal judge said the tribe needed to
resolve its struggle over leadership and determine who speaks for
the tribe. Bender said the tribe took a voluntary dismissal because
the judge indicated she didn't think she had jurisdiction because
the tribe gave up its right to go to federal court.
"We were astonished that a federal judge would think an Indian
tribe would give up the right to go to federal court, but we don't
have 10 years to argue that point," assistant chief Evans George
said in a statement. "This is a continuation of the tribe's effort
to secure the financial benefit of the land claim settlement."
That settlement allowed the tribe to operate bingo games in two
locations, but legislative approval is needed for the Santee
facility, which would offer bigger prizes by linking it to other
games nationwide, Bender said.
This lawsuit is slightly different than the previous one in that
it claims the state violated the 1993 settlement by changing the
agreement without the tribe's consent. Legislation in 1996 and 1998
imposed an $18 entrance fee surcharge on the tribe's bingo operation
and changed the method of taxing the game. The tribe had to change
how the game was marketed, Bender said. The change means the tribe
can't give away bingo cards or discount cards, he said.
"What the state and other local governments in South Carolina
have failed to do is acknowledge that the Catawba Indian Nation is a
sovereign government entitled to respect," Bender said. "This is a
constant problem for
tribes." |