Opinion

Charles Kader: Overdue decision on tobacco seizure in New York





"On June 18, 2012, in a New York courtroom, in picturesque St. Lawrence County, a decision was reached in a legal matter that pitted belief against regulation, rural against urban, and small versus large

The decision rendered in this case, involving a native tobacco seizure case (HCI Distribution, Inc. v. New York State Police, et al) heard by New York State Supreme Court Justice David Demarest, resulted in the order to the New York state troopers to return all seized tobacco products back to the rightful owners. Namely, HCI Distributors, Inc, owned by the Winnebago Tribe of Nebraska.

In my opinion, as a proponent of self-determination among hereditary sovereign people, this decision was already overdue. For instance, the clock was ticking on the shelf life of the manufactured cigarettes, which had been prevented from going to market. When the moisture level within the tobacco products evaporates, the inventory value is also lost. A further delayed decision would have indeed have been a hollow “victory.”"

Get the Story:
Charles Kader: Decision in Favor of Winnebago Tribe Was Overdue (Indian Country 6/29)

New York State Court Decision:
HCI Distribution v. New York State Police (June 18, 2012)

Related Stories:
Winnebago Tribe waiting for New York to return seized tobacco (6/22)
Winnebago Tribe wins decision over tobacco seized in New York (6/20)
Tobacco products from St. Regis Mohawk Reservation seized (04/30)

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