By Eileen Buckley
http://stream.publicbroadcasting.net/production/mp3/wbfo/local-wbfo-917832.mp3
Cattaraugus, NY – A truck traveling between the Allegany and Cattaraugus Reservations of the Seneca Nation was stopped and seized by state tax officials Monday.
The truck was owned by Seneca businessman Aaron Pierce. He is part of a challenge to the PACT Act, a new federal law prohibiting the transport of tobacco products by U.S. mail.
Tax officials say the truck contained thousands of cartons of cigarettes that did not have New York tax stamps.
The Seneca's said the seizure is unconstitutional. They believe it was in retaliation for fighting the PACT Act.
Seneca Nation of Indians president Barry Snyder issued the following statement:
SENECA NATION OF INDIANS RESPONDS TO ILLEGAL SEIZURE OF STAMPED TOBACCO PRODUCTS
Statement by President Barry E. Snyder, Sr.
August 10, 2010 Cattaraugus Territory Seneca nation of Indians -- "The Seneca Nation of Indians has learned that the New York State Department of Tax and Finance has taken the unprecedented steps of stopping and seizing a vehicle containing cigarettes that were being delivered from one Seneca Nation Territory to another Seneca Nation Territory.
The seized product contained cigarettes that were legally stamped using the Nation's state-of-the-art tracking system under the Nation's comprehensive tobacco regulations. The product was being transported by a Nation-licensed business for delivery to retailers who are also licensed by the Nation.
The Nation does not take lightly this overt act of State aggression against the Nation and its people.
We will weigh all of our options and determine what steps to take to protect and preserve the sovereign rights of the Nation and the Seneca people," said Seneca Nation President Barry E. Snyder, Sr.
Meanwhile attorneys for reservation tobacco businesses appeared in a Buffalo federal courtroom Tuesday. Attorneys argued for a request a suspension of the federal law pending an appeal.
U.S. Judge Richard Arcara said he would issue a decision no later the end of the week.
Government attorneys and attorneys for the Seneca's and Red Earth argued before the judge for more than two hours Tuesday afternoon.
The Red Earth attorney said the PACT ACT would force the company out of business. The government argues sales of cigarettes through the mail have irrefutable harm to minors.