update on the New York state vs NY Indian tribes cigarette tax showdown

Long story short, the state court has overturned it's decision to halt NY state from collecting the state cigarette tax, and the federal injunction for now is still in place for just two New York tribes. The Senecas and Cayugas are fighting to keep the current federal injunction ruling against the NY state cig tax being collected on Indian Reservation stores in place(hope they're successful in doing this, and even get a permanent injunction in the end), and the Oneida Nation is now filing it's own federal lawsuit to seek an injunction, as the Senecas and Cayugas currently have(albeit one that'll expire by September 28th, unless a federal judge rules to extend his imposed injunction against NY state for 2 tribes).

http://www.indiancountrytoday.com/home/content/Oneida-files-injunction-after-court-approves-state-cigarette-tax-103133424.html
http://www.businessweek.com/ap/financialnews/D9I8C25G0.htm

NY State Senate Health Committee considering anti-smoking agenda expansion w/11 items, hearing next week in NYC on Thu. 9/23

Here's an exert, from a longer letter posted on smokinglobby.com's message board:

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It seems to me that New York is trying to become the anti-smoking leader in the USA. I received yesterday and email from the New York Tobacconist Association about a meeting the New York State Senate Health Committee holding a public hearing on September 23 at 10 AM taking place 250 Broadway, 19th Fl., New York City. The Committee will meet to learn how the state’s regulation of smoking and tobacco products works to improve the health of all New Yorkers and any actions needed for continued benefits.
On the table are the following items:

1. Smoking on playgrounds during the day when children under 12 present but prevents fine-able/jail enforcement
2. Smoking on train platforms
3. Smoking near playgrounds
4. Smoking in cars with someone under 14
5. Raises age 18 to 19 for tobacco statewide
6. Sale of e-cigarettes to minors
7. Definition of e-cigarettes
8. Prohibition of tobacco sales in pharmacies
9. Prohibition of tobacco vending machines 350 feet from schools/places of worship
10. Statewide flavor ban bills with the fines and complaint system in place (Paulin bill)
11. Manufacturer reports to DoH
======================

Full letter is readable below. And oh my gosh, if I lived in NY state at all(or heck, even New Jersey or Connecticut), I'd so go to this Senate Health Committee and try and speak. I'd so love to know which NY State Senate members(and ditto w/anyone in the state chapter of the ACS, ALA, etc. who's involved with pushing this s*** as well) behind proposing all these worser than craptacular proposals! The most annoying proposals by far of these 11 proposals are #2(I'll assume this proposed statewide outdoor ban would include outside areas of train platforms, even at tens and tens of feet away from the main station house), #5(this violates the personal rights of anyone who's hit the legal age of 18 to purchase and smoke a legal product(cigarettes). my guess is that this was proposed to copy off New Jersey, as they already require customers to be at least 19 to purchase cigarettes and all other tobacco products.), #6 + 7(although I wouldn't oppose restricting their sale to 18 and up, just like regular cigarettes), #8(like 5, this violates the personal rights of pharmacies to sell cigarettes if they want, since any pharmacy owner already has the power to NOT sell cigarettes, if the owner has such an objection to smoking), and #10 and #11.

Please attend and try to sign up to speak, if you live in the Northeast, and are able to attend it:
http://www.smokinglobby.com/forum/viewtopic.php?t=4031

New York state vs NY Indian tribes cigarette tax showdown

And I know what side I'm rooting for. You might as well say this battle has gone to overtime, now that it's being heard in a state appellate court, BOTH the federal court and a state appellate court have imposed temporary injunctions on NY state collecting their insane $4.35 per pack state cigarette tax on Indian Reservations, and the stupid ACS is supposedly asking the judge if they can(yawn, so typical of health fascists) file an amicus brief in favor of the state violating the sovereignty of Native tribes. This story continues to get crazier, every time I find new articles on it. And of course in the end, there's only one guy we can blame for starting this madness(Gov. Paterson, who started this crap in the first place by wanting to laughably force NY's tribes to collect this excessive $1.60 cig tax increase from $2.75 to $4.35, along with forcing it unnecessarily on all convenience stores). Bet it is only a matter of time before tons of non-Indian convenience stores start to close down, and at least they will near Indian-owned stores and/or Reservations, and near state borders.

Also apologies that I've had so little time to post the past few weeks, I've been in the middle of starting a new temp job. Hopefully when it ends in the fall, I may have slightly more time to update this blog. We'll see, crossing fingers!

Now some articles on this story:
http://www.wben.com/American-Cancer-Society-Getting-Involved-in-Cigare/8063994 (ACS should really mind their own business, and stay out of this case)
http://www.nytimes.com/2010/09/02/nyregion/02cigarettes.html (NY state appellate court imposing injunction, expanding Judge Arcara's limited injunction to all NY tribes)

http://www.buffalonews.com/city/article177382.ece (federal court injunction when Judge Arcara only issued an injunction against NY state collecting the tax at Seneca and Cayuga tribal stores, article 1)

http://www.syracuse.com/news/index.ssf/2010/08/federal_judge_blocks_implement.html (federal court injunction, article 2)
http://www.syracuse.com/news/index.ssf/2010/08/after_ny_tax_hikes_indian_shop.html (this was published just over a month into NY state's July 1st $1.60 cig tax increase from $2.75 to $4.35, but before NY state was supposed to start enforcing collecting the state tax on Indian Reservations as of September 1st, only to see an appellate court issue an injunction against NY state doing this)