Things about to get Really Real on the reservations!

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edited August 2010 in For The Grown & Sexy
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http://www.wivb.com/dpp/news/new_york/Cigarette-tax-battle-still-smoldering

Judge hands Senecas blow over taxes
Updated: Monday, 30 Aug 2010, 6:36 PM EDT
Published : Monday, 30 Aug 2010, 5:26 PM EDT

Lorey Schultz
Posted by: Eli George
BUFFALO, N.Y. (WIVB) - Indian retailers have lost another legal battle over taxes on cigarettes, this time in State Supreme Court.

It was a late afternoon ruling and at this point it does appear the state is moving even closer to being able to enforce the new tobacco law, but we all know anything can happen between now and September 1st.

If you drove along Saunders Settlement Road, you couldn't help but notice the protesters. Many held signs saying, "Honor Treaties," and "Stop NYS Taxes." Their message was directed toward Governor Paterson.

"He needs to see the light, and quit trying to tax the damn Natives," said Carmella Crogan.

Meanwhile in Buffalo, State Supreme Court Justice Donna Siwek issued an oral ruling late Monday afternoon lifting a preliminary injunction that was in effect for four years. The action no longer constrains the state from enforcing state tobacco laws come Wednesday, September 1st. Attorneys for the tribes plan to appeal.

"And I believe that the law is clear. There's really no debate about it. And that they have not adopted a scheme that is lawful under the Constitution," said attorney for Indian retailer Margaret Murphy.

Under the new tax system, cigarette wholesalers would be forced to pre-pay taxes before supplying reservation stores. Another court proceeding in U.S. District Court could delay enforcement temporarily. That's the hope of tribes.

Seneca tribal counselor J.C. Seneca said, "We're gonna stand up. We're gonna fight and defend our rights, our sovereignty, and our treaties."

Today cigarette retailers are working hard to keep name-brand cigarettes in stock. Customers have been buying cartons up despite a $15 increase in price. They feel for the Indians.

"It just seems like the state government's trying to put a hand in the pockets of people that they've already taken so much from," said Rich DiSalvo.

Jenn Amoia said, "I think it's ridiculous. They should just leave them alone. I mean, I think if the tax does happen there's going to be so many problems with the thruways closing down. It's just going to be a lot of trouble, I think."

At stake is $15 million in new tax revenue for the state, something tribe's vow to resist.

Seneca Nation of Indians President Barry E. Snyder, Sr. released the following statement:
"We are disappointed State Supreme Court Justice Siwek did not keep the tax impositions injunction in place, however, our legal efforts are far from over. We will be filing an expedited appeal motion with the Appellate Division of State Supreme Court and we remain hopeful Judge Arcara will grant our request a Temporary Restraining Order in the separate Federal case. We will return to federal court tomorrow afternoon to renew our motion for the TRO. It is our intention to block the New York State from ever collecting a penny of tax on sales of tobacco by the Seneca Nation or any other Native American nation under this ill-conceived taxing scheme."
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