GEORGETOWN - Georgetown County lost the first round in its fight against casino boats this week after a circuit judge said a local ban placed on the vessels was unconstitutional.

Circuit Judge Jackson Gregory signed an order saying the county could not prohibit the vessels, said former County Attorney Jack Scoville.

The county could appeal the decision in the S.C. Supreme Court because the argument involves a constitutional issue, he said.

"There is very little cost in an appeal, and it is something that needs to be decided," he said. "In the long run, this is the only way that the will of the people is followed in Georgetown County."

If Gregory's decision stands, it could weaken the use of home rule in other counties that aim to prohibit unwanted businesses.

"I'm not surprised," Scoville said. "This is the way these cases seem to go. The idea of home rule has not hit home."

Georgetown County was the first in the state to be sued for using home rule to stop the boats from operating, even though state law allows them.

Greenville businessman Wallace Cheves, president of Palmetto Princess LLC, challenged the county's use of home rule to keep the businesses out of the county.

Home rule has been in place in South Carolina since 1976 and gives counties more authority to pass laws that will affect their areas.

Cheves filed a lawsuit against Georgetown County last year, after he said the county's ban on casino boats was unconstitutional.

Georgetown County outlawed the boats in February 2002 after it received a proposal from Dinner Cruises LLC to dock a casino boat in Murrells Inlet. The boat later moved to Little River.

The Rev. Harold Lewis, pastor of Belin United Methodist Church in Murrells Inlet, was disappointed by the news. Plans are for Cheves to dock his boat near the church and church doctrine opposes gambling, he said.

"The local authorities ought to have some say-so about what happens," Lewis said. "We will fight on whatever grounds we have to fight."

The issue of how to handle casino boats also has been debated in Horry County.

Horry County has a moratorium on new casino boats but has not stopped two others from docking in Little River.

Horry County officials have been advised not to place a ban on casino boats, said County Attorney John Weaver.

He said he is waiting to see what happens in the Georgetown County case before taking any action against the vessels already in operation.

The suit | A lawsuit was filed in 2002 protesting Georgetown County's ban on casino boats.

The ruling | A circuit judge has ruled in favor of Greenville businessman Wallace Cheves. Judge Jackson Gregory said the federal statute does not allow the county to ban the casino boats.

An appeal? | The county has not decided whether to appeal the decision.