Sales of tobacco to non-Indians can be taxed by the state of Washington, a federal judge ruled in a case involving the Yakama Nation.

The judge said a 9th Circuit Court of Appeals ruling that protected tribal members from state interference only addressed the transport of tobacco and not the sale of tobacco. The decision was based on the Yakama Treaty of 1855.

The tribe signed a tobacco compact in 2004 but the state terminated the agreement in 2008. The state says it wants to negotiate a new agreement.

Get the Story:
Tribe, state may revisit cigarette tax discussions (The Yakima Herald-Republic 1/7)

Court Decision:
Yakama Nation v. Gregoire (January 4, 2010)

9th Circuit Decision:
US v. Smiskin (May 18, 2007)

Related Stories:
Tax increase sends smokers to Yakama Nation (4/2)
Yakama Nation sues over tobacco compact (9/5)
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)