THE ISSUE: Opinions on Catawbas' gaming authority

OUR OPINION: S.C. has reason to OK Catawbas' bingo in Santee

Catawbas holding cards against S.C.

By T&D Staff Writer

Yes, it's just an opinion - a legal opinion. But in the end that's what legal decisions are: official opinions in the form of rulings. In this case, the state of South Carolina would be wise to consider the potential consequences of another court battle with the Catawba Indian Nation. It's a battle that looms, having grown out of the Catawbas' frustration at being blocked from opening a second S.C. bingo operation.

With Orangeburg County and Santee area leaders behind the effort, the Catawbas want to convert the Santee Outlet Mall into a high-stakes bingo operation. The Catawbas have sought to operate under federal gaming regulations, as do nearly all other Indian tribes around the country.

The tribe has rejected operation under state control comparable to that exercised on the Rock Hill reservation. Based on new information, the Catawbas now may be taking a different approach - one that should interest the state of South Carolina.

Gov. Mark Sanford, Sen. Lindsey Graham and others have blocked the Catawbas from getting federal approval, even though the tribe has enjoyed the support of Congressman James Clyburn and others.

The opposition contends federal status would cede South Carolina land to the Catawbas and, more critically, open the door for other forms of Indian-operated gaming.

As much the Catawbas say they are willing to accept limitations that would allow only high-stakes bingo, they have come forward with a position that the 1993 land claim settlement with the state of South Carolina grants them exclusive rights to gaming operations in the state. They argue that without an agreement over Santee, they'll push to expand into video poker in Rock Hill as a way to make up for revenues lost when the state entered the gambling business via its lottery.

S.C. leaders, including the governor, say video poker, since it is illegal in the state now, is not allowed on the reservation or anywhere else.

They appear to be wrong.

A study by the conservative S.C. Policy Council first backed the Catawbas' contention about video poker. Now the Senate Judiciary Committee's legal staff, which studied the matter at the request of Orangeburg Sen. Brad Hutto, is agreeing.

The Judiciary opinion said the state is barred by its Constitution from changing the conditions of the 1993 settlement that gave the Catawbas the right to operate two bingo halls in the state.

The opinion said the contract is subject to the state's laws as they were at the time of the agreement. Video poker was legal in South Carolina then but has since been outlawed.

It's enough to make the Catawbas consider abandoning the bingo plan for Santee and consider going into the video poker business big time in Rock Hill. They say that's not what they want, maintaining interest in the bingo operation in Santee.

The Catawbas are offering the state a good deal in the process: drop the request for federal status if state legislation allowing them the same privileges as federal Class 2 gaming (bingo, not casinos) is approved. That would remove any concerns about removing land from state control since no part of the Santee site would become an Indian reservation.

The Catawbas also are indicating they would give up any right to operate video poker if the Santee operation is approved. And without federal status, there should be no concern about expanding the operation into casinos.

It all represents the latest best chance for the state and the Catawbas to reach an accord on the Santee operation. It's in the state's interest to do so since the Catawbas appear to hold the cards.

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