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Smokeshop Sales In NY

Smokeshop Sales In NYA federal judge has sided with New York in the latest ruling in a dispute over the state’s plans to tax most Indian reservation smokeshop sales, but collection of the tax is on hold for now. U.S. District Judge Richard Arcara in Buffalo denied a request to block the state from collecting a sales tax on cigarettes sold to non-Indians. But he froze his decision so the two tribes who sought the order can appeal.

Arcara’s ruling Tuesday, November 9th in a case brought by the Unkechaug and St. Regis Mohawk tribes mirrors an earlier decision in a challenge by the Seneca and Cayuga nations. The decisions mean New York still can’t start collecting the $4.35-per-pack sales tax until a higher court, the Second Circuit Court of Appeals, hears the issue.

It’s unknown how long the appeals process will take.

In all, five New York tribes are challenging the state’s decision to require cigarette wholesalers to prepay the sales taxes before supplying reservation stores. Wholesalers would pass along the levy to tribal retailers, who would have to raise their prices.

The cash-starved state anticipates $200 million a year in revenue from the tax. The tribes argue the regulations would interfere with their rights of tribal sovereignty, make it hard for members to buy tax-free cigarettes and devastate tribal economies that depend on the sale of lower-priced cigarettes to fund programs and services.

In denying a preliminary injunction to the Unkechaugs of Long Island and St. Regis Mohawks of northern New York, Arcara said that, like the Senecas and Cayugas of western New York, the tribes had not demonstrated a likelihood of success on the merits of their claims, a requirement for issuing such an order.

But Arcara did acknowledge that the Indian nations would be harmed by the ruling and so issued a stay halting collection of the new tax pending appeal.

The state immediately appealed the stay.

Also, in a relater matter – Judge Arcara will not allow a cigarette taxation lawsuit filed by an Indian tribe against New York state to go to mediation. In a ruling issued this week, Arcara said that — for now, at least — he will not let federal mediators try to work out an out-of-court agreement between the Unkechauge Indian Nation, based on Long Island, and the state.

“It is doubtful that any court-ordered negotiations would be successful at this juncture in the litigation,” Arcara wrote in a decision filed Tuesday, November 9th.
The judge denied the mediation request “without prejudice,” meaning the Unkechauges could make another request for mediation at a later time.

The state says it wants to collect $4.35 a pack from the Indian businesses, the same amount it now collects from non-Indian businesses such as convenience stores, drugstores and grocery stores.

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2 Responses to "Smokeshop Sales In NY"

  1. Maran says:

    Me too. It’s difficult to beviele they are fighting to ban a product which has massivley smaller amounts of carcinogens, is better for you and has great results with helping to quit outright or simply replacment, its better for you whichever way you look at it. The only thing even marginally similar to a cigarette is the risk of heart attack, which can be partially mitigated by regular exercise. (I should also point out this is about the same as that of smoking and isnt fully proven)

  2. Freemam says:

    L.G., North Caldwell, NJMay 10, 2011 I tried to stop smoking on many occnsioas for many, many years. Noting I tried would work and I always found myself back smoking. I was very motivated to stop. My genetic package included a father who died from a heart attack at a very early age and grandparents who died of lung cancer. I had just been told by my cardiologist that I needed an angiogram to determine if I had a blocked artery. I had to do something. I was referred to Gale and saw her twice…thankfully!!! She thoroughly explained everything about the process, what she did, what I could expect, and told me of the follow up care she would provide. I have not smoked since the first visit and feel confident that I will not smoke again. I know I can call on Gale if I find I am having any urges that I can’t control and I trust her to be able to help me. We have spoken a few times since our last meeting – Gale calls me to follow up – and I feel like Gale of one of my closest friends. [Note: This client emailed on the 4th year anniversary of being a non-smoker and expressed thanks again.]