The decision by a special circuit court
judge not to reconsider his ruling that the Catawba Indian Nation has
the right to operate video poker on its York County reservation was
disappointing but predictable. The state, however, is right to pursue
the case in the S.C. Supreme Court.
Last week, Judge Joseph Strickland upheld his earlier ruling on the
video poker case without elaboration. Strickland had essentially agreed
with the contention of the tribe that the 1993 land settlement gave the
Catawbas the right to operate video poker on their property regardless
of a statewide ban.
Under that agreement, the tribe is explicitly permitted to operate
traditional bingo games at two sites in the state. But tribal attorneys
say the Catawbas' ability to make money off traditional bingo has been
severely hampered by competition from the state lottery.
Catawba officials have openly stated that they would be willing to
drop plans to open video poker parlors on the reservation if they were
permitted to open a video bingo operation near Orangeburg, which many
state and Orangeburg County officials oppose. This is high-stakes
electronic bingo that allows players to play several games a minute, far
removed from grandma's church bingo games.
But the legal question now being debated concerns only the video
poker. State Attorney General Henry McMaster said last week that he
immediately would file an appeal to the state Supreme Court, contending
that state statutes banning video poker and the language in the 1993
settlement trump any claim the tribe may have regarding a video poker
operation on the reservation.
We think the state is justified in pursuing a more definitive ruling
from the S.C. Supreme Court. And we hope that ruling allows the state to
continue to ban video poker in all parts of the state, including the
Catawba reservation.
