A federal judge gave the Seneca Nation and the Cayuga Nation another two weeks to sell tax-free cigarettes in New York.

Judge Richard Arcara scheduled a September 14 hearing to address the tribes' claim that the state's tax infringes on their sovereignty and their treaty rights. The tax is being imposed on wholesalers who provide tobacco to tribal retailers so the tax will essentially be passed on to the tribes.

The tax went into effect on September 1. Arcara's temporary restraining order affects only the Seneca and Cayuga tribes but a state court has put the tax on hold for all tribes in the state.

Separately, the Oneida Nation and the St. Regis Mohawk Tribe have filed lawsuits against the state.

Get the Story:
Judge extends order barring taxes on Indian cigarettes (AP 9/7)
Tribe gets no sympathy from senator (The Buffalo News 9/8)
More court hearings set for Seneca cigarettes dealers (WBFO 9/8)
Oneida Nation suing state over cigarette tax collection (The Utica Observer-Dispatch 9/8)
Oneida Indian Nation files lawsuit against New York (The Oneida Dispatch 9/7)

Relevant Documents:
ATF Letter on Tribal Consultation (May 19, 2010)

Prevent All Cigarette Trafficking Act:
H.R.1676 | S.1147

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