On April 30, U.S. District Judge James E. Boasberg denied the Eastern Band of Cherokee Indians’ motion for a preliminary injunction preventing the federal government from taking into trust land in Kings Mountain, Cleveland County, North Carolina on behalf of the Catawba Indian Nation to build a casino. The suit names the U.S. Department of the Interior, the U.S. Bureau of Indian Affairs, Secretary of the Interior David Bernhardt, Assistant Secretary for Indian Affairs Tara Katuk Mac Lean Sweeney and Acting Regional Director for the BIA Eastern Regional Office R. Glen Melville as defendants.
The Catawbas are based in Rock Hill, South Carolina, where casino gambling is not allowed. Unlike other tribes, the Catawbas must abide by state laws instead of the federal Indian Gaming Regulatory Act, due to a 1993 act of Congress. Kings Mountain is 34 miles from the tribe’s reservation.
The Catawbas’ first land-trust application was denied in March 2018 but the tribe reapplied in September. U.S. Senator Lindsay Graham of South Carolina, with support from U.S. Senators Thom Tillis and Richard Burr of North Carolina introduced legislation to take the land into trust for gaming but the measure died in committee. However, in March the Catawbas were informed its discretionary application was successful.
In their lawsuit, the Eastern Band claims that decision was “rushed,” “flawed” and “violates the plain language of federal law.” It would lead to irreparable harm to tribal sovereignty and cultural preservation if it’s not overturned.
The Catawbas claimed in a court document its members “have resided on the land that is currently North and South Carolina since before English settlement.” The Eastern Band stated despite its own historical ties to the land, the lawsuit charges, it was not consulted during research for the draft Environmental Assessment, which led to approval of the Catawbas’ application.
Eastern Band Tribal Historic Preservation Officer Russell Townsend said, “I was surprised to learn of this Draft EA because the BIA typically reaches out to us early in the process so we can participate in the development of research design and scopes of work, not simply review completed documents.”
The lawsuit claims because the Eastern Band was not involved, the EA is flawed. It cites 14 alleged errors, including: failure to protect Cherokee cultural resources; no attempt to find alternative South Carolina sites; improper assessment of biological impacts; and more.
The Eastern Band claims the Department of the Interior was politically pressured by Graham to approve the Catawbas’ application. Eastern Band Principal Chief Richard Sneed said the lawsuit does not aim to oppose opportunity for the Catawbas; it’s about preventing an allegedly illegal action that, if allowed, “would turn Indian gaming on its head. What the region needs to understand is what happens to the Eastern Band happens to Western North Carolina. Our economies are inextricably connected.”
The Eastern Band owns Harrah’s casinos in Cherokee and Murphy, with a total of 4,000 employees. About one-third of the Cherokee casino’s customer base comes from the Charlotte area; Harrah’s would lose an estimated $100 million-plus in annual revenue if the Catawba casino is built.
Previously, Catawba Chief Bill Harris said, “It is unfortunate that the Eastern Band of Cherokee Indians continues to perpetuate this narrative of tribe versus tribe. In the past Chief Sneed has asserted that he isn’t against federally recognized tribes going into the gaming industry, but he wants all tribes to follow the DOI established regulations. In Catawba’s decision letter from the Department of Interior it clearly outlines that Catawba followed the process from beginning to end, and the decision also demonstrates our cultural and historical ties to this area.”
