Briefs filed in Narragansett Tribe's smoke shop case

The state of Rhode Island and the Narragansett Tribe filed briefs in a case over the sale of tax-free cigarettes on the reservation.

The state's brief argues that a 1978 settlement act requires the tribe to submit to state criminal and civil laws. The state says that the tribe must collect state sales tax on all "income-producing activities" that occur on tribal lands.

Notwithstanding the settlement act, the tribe's brief argues that its status as a sovereign tribe allows the sale of tax-free goods. The tribe says Congress hasn't taken away the tribe's rights.

The American Civil Liberties Union filed a friend-of-the-court brief siding with the tribe's sovereign rights.

A federal judge is expected to decide by October whether the state can enforce the tax.

Get the Story:
State, tribe offer differing views on sovereignty status (The Providence Journal 8/21)
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