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Judge Refuses to Block Tax on Indian Cigarettes; Tribes Warn of Violence |
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Written by Administrator
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Tuesday, 31 August 2010 |
Judge Refuses to Block Tax on Indian Cigarettes; Tribes Warn of Violence
30 August 2010
Buffalo, NY (WBEN/AP) -- A State Supreme Court judge has refused to block the state from collecting taxes on cigarettes sold to non-Indians by Native American retailers.
The Seneca Nation of Indians had been trying to delay the taxation of reservation cigarette sales by challenging the way that New York adopted the regulations it intends to use to enforce the tax, beginning this Wednesday, September 1.
A lawyer for the Senecas argued in court Monday that state officials circumvented proper procedures by adopting emergency rules adopting emergency rules, outlining how the $4.35-per-pack tax would be imposed.
For that reason, the Senecas said, a 2009 court order blocking the state from taxing cigarette sales to non-Indian customers should remain in place. The state argued that the new regulations make that order moot, and it should be lifted.
A separate Seneca challenge to the tax is pending in federal court. U.S. District Judge Richard Arcara said last week he was going to wait to hear the State Supreme Court judge's decision, before making his own.
Meanwhile, a Seneca Tribal Councilor is warning that if the state is allowed to proceed with its plan to levy the taxes starting on Wednesday, "some people could resort to violence."
http://www.wben.com/Judge-Refuses-to-Block-Tax-on-Indian-Cigarettes--T/8033971 |
