The Yakama Nation filed a lawsuit against the state of Washington over the tribe's canceled tobacco compact.
The tribe and retailers on the reservation want a federal judge to issue a temporary restraining order against the state. That would prevent the state from trying to collect taxes on the sale of tobacco to non-Indians.
The 9th Circuit Court of Appeals has ruled that the Treaty of 1855 allows tribal members free use of public highways in order to bring goods to market. Some tobacco retailers say the treaty bars the state from interfering with any aspects of tribal commerce.
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Yakama Nation is suing state
(The Yakima Herald-Republic 9/5)
9th Circuit Decision:
US
v. Smiskin (May 18, 2007)
Related Stories:
Washington cancels Yakama Nation tobacco compact (7/8)
Yakama Nation judge blocks
tobacco compact (2/5)
Yakama Nation sued
over tobacco tax compact (01/17)
Editorial: Yakama cigarette deal good for all
(12/19)
Yakama treaty protects smokeshop
owners from prosecution (5/21)
State to
terminate Yakama cigarette compact (2/9)
Judge hears case against tribal tobacco
retailers (11/15)
Court to hear Yakama
tobacco smuggling case (10/17)
Court: Tribal members must pay
federal tax (9/12)
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