Judge hears
Catawbas' video poker case
SEANNA
ADCOX Associated
Press
COLUMBIA, S.C. - Attorneys for the Catawbas
argued in court Friday that the Indians' 1993 land settlement allows
them to operate video poker on their reservation, while state
attorneys countered the Legislature banned video poker statewide in
2000.
Judge Joseph Strickland promised Friday to rule on the case
before he starts vacation Dec. 19.
The Catawbas sued the state in July for the ability to operate
video poker on their reservation in York and Lancaster counties. The
tribe contends profits at its bingo hall, opened in Rock Hill in
1997, dropped by nearly half after the state began operating a
lottery in 2002.
If the judge rules in their favor, said Assistant Catawba Chief
Buck George, the Catawbas will quickly open a video poker facility
to raise funds for economic development.
Catawba lawyer Jay Bender opened with a history lesson, going
back to land treaties signed in the 1760s. The Catawbas call the
case another example of South Carolina breaking its promise with the
tribe.
"All we want is what the law says we should have," said Jason
Harris, a member of the tribe's executive committee. "We've been
fighting for years. We continue to fight. It's just done a different
way now ... The state's operating legalized gambling with the
lottery. The state just seems to want a monopoly."
After years of negotiations, the state and federal governments in
1993 settled the tribe's land claim to 144,000 acres seized by South
Carolina in 1840. The $50 million settlement allowed the tribe to
operate high-stakes bingo at two sites.
The Catawbas tried to open a second bingo hall off Interstate 95
in Santee, a prospect welcomed by Orangeburg County lawmakers and
business leaders as a job creator.
But opposition led by state Sen. Wes Hayes, R-Rock Hill, blocked
the Catawbas' efforts.
When legislation allowing the Santee bingo parlor failed last
year, the Catawbas made good on their promise to sue the state to
operate video poker on their 760-acre reservation.
Had the state allowed bingo in Santee, the Catawbas would not be
in court, George said.
The hearing centers around two sentences in the settlement act.
One says "the tribe may permit on its reservation video poker or
similar electronics to the same extent that the devices are
authorized by state law." The attorney general's office points out
subsequent state law made video poker illegal.
But the paragraph goes on to say that if the reservation sits in
counties that prohibit video poker, "the tribe nonetheless must be
permitted to operate the devices on the reservation if the governing
body of the tribe so authorizes."
State lawyers contend that refers to a possible county-by-county
referendum, not a statewide law. Catawba lawyers say the sentences
mean the Catawbas could authorize others to operate video poker if
state law allowed it, but if not, they could operate the games
themselves.
Lawyer Dwight Drake likened it to the difference between the
state formerly allowing video poker businesses, and operating the
lottery itself.
State Sen. John Matthews, D-Bowman, said he'd still like to see
the Catawbas open a bingo hall in Santee, but he'll wait for the
judge's ruling before deciding how to proceed.
"The community is on board," he said during a break in Friday's
hearing. "It would change our community substantially." |