Senecas once more granted reprieve in cig-tax battle | Information

The Seneca Nation of Indians has again received judicial

protection from the state’s attempt to collect taxes on Native-sold

cigarettes.

On Thursday morning, State Supreme Court Appellate Division

Associate Justice Jerome C. Gorski granted the Senecas a stay from

the state’s plan to collect a $4.35 per-pack excise tax at the

wholesale level.

The injunction will be in effect until June 20. During the next

10 days, the judge will hear and consider the tribe’s appeal

against the taxation.

The temporary stay only protects Seneca tobacco merchants and not

those from other tribes fighting the taxation.

Judge Gorski’s decision comes less than a day after New York

State Supreme Court Judge Donna M. Siwek lifted a temporary

restraining order she granted the Seneca Nation of Indians last

month from the tax enforcement. In her decision, Judge Siwek said

the state’s taxation plan is in compliance with tax-collection

mandates and do not infringe on the tribe’s sovereignty.

Commenting on Thursday’s decision, Seneca President Robert Odawi

Porter reiterated previous statements he made regarding the tribe’s

20-plus-years legal battle against state cigarette taxation.

“No one should underestimate the Nation’s resolve to defend and

protect its sovereign rights,” President Porter said. “Immunity

from taxes by federal treaty is the law of the land. Our people

survived state encroachment before and triumphed for centuries as

an independent and successful people.

“That will not change now.”