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Court to hear Catawba gaming case
By Matt Garfield · The Herald - Updated 01/13/07 - 11:44 PM
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.

Matt Garfield • 329-4063 | mgarfield@heraldonline.com | The Associated Press contributed to this story.

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