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Law
Oneida Nation challenges county smoking law


The Oneida Nation refused to participate in a hearing called to address the tribe's alleged violation of a county smoking law.

A lawyer for the tribe said the Oneida County has no authority to enforce the law against the tribe. He cited the tribe's sovereign immunity and a federal court decision issued last Friday that upheld the tribe's rights as a sovereign.

The lawyer said the tribe is willing to work on a government-to-government basis with the county. Some businesses have obtained waivers from the law that bans smoking in public places.

Get the Story:
Oneidas reject role in smoking hearing (The Syracuse Post-Standard 6/8)

Court Decision on Foreclosure/Sovereign Immunity:
Oneida Nation v. Oneida County (June 2, 2006)

Bureau of Indian Affairs Documents:
Jim Cason / Mike Olsen (June 10, 2005)

Sherrill v. Oneida Nation Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Souter] | Dissent [Stevens]

Relevant Links:
Oneida Nation Trust - http://www.oneidanationtrust.com
Indian Nation Fee-to-Trust Land Acquisition Applications in New York State - http://www.dec.state.ny.us/website/ogc/lands.html
Oneida Nation, New York - http://www.oneida-nation.net

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