Judge Blocks NY State Law for Indian Reservation Smokes Sales
A State Supreme Court judge has blocked a state law that enforces the collection of taxes on cigarettes sold on Indian reservations. Earlier this month, Governor Paterson signed the bill to make sure reservations collect the $2.75 state excise tax, pointing out the law has always stood, it just hasn't been "adequately applied for far too long," not to mention it gave non-Indians "easy access" to tax-free cigarettes. The judge wants government officials to explain themselves next month, noting that the state hasn't even, the Buffalo News reports, "set up a process for providing rebates to Native Americans who pay taxes on cigarettes bought in reservation stores." Justice Margaret A. Murphy also thinks the state hasn't been respectful of the tribes, "You can’t point to [reservation] retailers and wholesalers, call them criminals, then expect them to come to the table."
