The economic
survival of the Catawba Indian Nation is at stake this week, its
lawyers say.
On Wednesday, the S.C. Supreme Court will hear arguments on
whether the tribe can operate video poker games on its York County
reservation. The Catawbas believe that a land settlement reached
with the state in 1993 allows that right -- despite a statewide ban
on video gambling.
A circuit court ruled in favor of the tribe last year. The state
is appealing the decision, arguing the intent of the 1993 settlement
is being misinterpreted.
"This is no different than everything that's happened to the
tribe since the Europeans showed up," said Jay Bender, the tribe's
lead attorney. "The goal has been to take what you can from the
Indians and lie about it. That's exactly what is going on here."
Bargaining chip
The tribe doesn't actually want to operate games in York County.
Instead, it wants to use a favorable ruling from the court as a
bargaining chip to pressure the state Legislature into allowing a
bingo operation in Orangeburg County near Interstate 95.
The Catawbas believe that location would be more profitable. So
do leaders in Orangeburg, who have said they need the 1,800 jobs the
operation would bring as well as the $72 million economic impact it
would have on an area now heavily dependent on manufacturing.
Opponents, however, fear that allowing a bingo operation in
Orangeburg would open the door to more high-stakes bingo locations
elsewhere in the state. The conservative Palmetto Family Council has
said the gaming operation sought by the Catawbas would "change South
Carolina forever."
S.C. Attorney General Henry McMaster and state Sen. Wes Hayes,
R-Rock Hill, two of the most outspoken opponents, have long argued
the state's video poker ban applies to the Catawbas, too.
Losing money since lottery
The dispute's outcome is considered critical to the tribe's
future. After the state began an education lottery in 2002, the
Catawbas say, their bingo hall on Cherry Road lost money. In fact,
the Catawbas have since sold the hall and the surrounding property,
formerly the old Rock Hill Mall, to a development group now building
a Super Bi-Lo on the site.
"We need to get down the road here," said tribal Chief Gilbert
Blue. "We've spent thousands of dollars trying to defend ourselves
when we should've been focused on trying to get some economic
development going."
A decision from the five-judge state court could take anywhere
from a few hours to three months. But even that may not end the
conflict. The case can next be appealed by either side to the U.S.
Supreme Court.