A federal judge has refused to extend an injunction against the enforcement of the Prevent All Cigarette Trafficking Act.
Judge Richard J. Arcara issued an injunction in late June on behalf of Seneca Nation businesses.
But in a new ruling on Thursday, he said it didn't appear likely that they would succeed on the merits of the case.
The Seneca Free Trade
Association is expected to continue to fight the law, The Buffalo News reported.
The case would head to the 2nd Circuit Court of
Appeals.
At issue is the PACT Act's ban on the use of the U.S. Postal Service to ship cigarettes.
Seneca smoke shops say the law will effectively kill most of their business.
"Postal delivery clearly represents the most efficient and most cost-effective means for delivery of their products," Arcara said in his new decision, the News reported. "However ... it is not the only means, and alternative ways to deliver their products do exist."
Get the Story:
Judge refuses to further delay enforcement of PACT Act
(The Buffalo News 8/13)
Relevant Documents:
ATF Letter on Tribal
Consultation (May 19, 2010)
Prevent All Cigarette Trafficking Act:
H.R.1676
| S.1147
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