Click here to return to the Post and Courier
Tribe gambles on suit over video poker rights

Catawbas sue while pushing bingo hall bill
BY JASON HARDIN
Of The Post and Courier Staff

The Catawba Indian Nation is going to federal court to fight for the right to operate video poker in York County, but the tribe says it really would rather operate a massive electronic bingo hall in Santee.

On Wednesday, the tribe filed a federal lawsuit aimed at making it clear that it has the right, if it chooses, to run video poker on its reservation near Rock Hill. Officials there have threatened to seize poker machines or take other actions to prevent that from happening, according to the suit.

At the same time, the group is pushing a bill in the General Assembly that would allow it to open a "state-of-the-art" bingo facility off Interstate 95 in Santee.

Tribe representatives say the suit is designed to create a backup plan to the bingo hall, which has been held up by opposition from Gov. Mark Sanford, among others. Opponents have said they fear the bingo operation could usher in full-fledged casino-style gambling.

Jay Bender, an attorney for the tribe, said the Catawbas' existing bingo hall in Rock Hill has been hurt badly by the state lottery and other bingo operations.

"Every day that the tribe is not operating a competitive game, it's losing money," he said during a news conference Wednesday in Charleston.

The tribe says the lost revenue has harmed its efforts to improve the reservation and address issues such as health and cultural preservation. The bill would allow a higher-stakes brand of bingo than the tribe currently can operate. On the other hand, it would remove any right to operate video poker on the reservation.

The problem is not everyone agrees the Catawbas have that right in the first place, potentially removing some of the tribe's leverage to gain the bingo hall.

S.C. Attorney General Henry McMaster has said he would argue that the state's ban on video poker covers the Catawba reservation. York County Sheriff Bruce Bryant has said he would enforce that ban.

The tribe disagrees, and the lawsuit is designed to remove any doubt. The right to operate video poker was included in the 1993 settlement that set aside land for the reservation, attorneys said.

In any case, tribe officials say, the first choice is bingo, not video poker.

"The Catawba Indian Nation, just like our friends and neighbors, has not wanted to see the return of video poker to South Carolina, but we have been left with no other economic opportunity to support the tribe and its programs," Catawba Chief Gilbert Blue said in a statement.

"The tribe prefers to be at Santee, where it's wanted," Bender said. Santee is about 70 miles from Charleston and just south of Lake Marion.

This type of dispute is not uncommon, said Robert Gips, a tribe attorney who previously worked on a case that led to the development of a large casino in Connecticut.

"This is what happens," he said. "Tribal rights are always clashing with state sovereignty."

The electronic bingo hall would generate 1,800 new jobs in the Santee area, according to a study partially funded by the tribe. It would create $5 million in revenue for the state and local governments.

The hall would include machines that could link together bingo players from across the country and that would include higher payouts. The machines play faster than traditional bingo games.

Opponents say the hall would be a step toward a full-fledged casino. Some say the electronic bingo machines resemble slot machines.

State Sen. Wes Hayes, R-Rock Hill, has said the bingo hall would resemble a casino.

"The only thing it has in common with bingo is the name," he said, according to The Associated Press.

Others support the effort. Orangeburg County Council and Santee Town Council have passed resolutions in favor of the project.

Bender said the bill's fate in the Legislature is unclear but time is running out. The General Assembly has until June 3 to adopt legislation this session.


Click here to return to story:
http://www.charleston.net/stories/050604/sta_06bingo.shtml