Tobacco sale by Web and mail has ban affirmed
6/18/2003
A federal judge Tuesday refused to prevent New York State from enforcing a public health law that will ban Internet and mail-order tobacco sales.
District Judge William M. Skretny's decision allows state tax officers to move forward today with enforcement of a law that is strongly opposed by the Seneca Nation of Indians and other Native American tribes.
Skretny told two attorneys who represent Seneca tobacco sellers that he will listen to arguments Friday and decide soon afterward on their request for a temporary order to prevent the law's enforcement.
The judge said he needs several days to consider the request, which was filed with the court Tuesday. He said that it should not have been filed at the "eleventh hour."
"(Sellers) knew since April 3 of this year that "E-Day' - that's enforcement day - was coming," he said. "No one's interest would be served by a rushed decision."
State officials said they are concerned that Native Americans may react violently, as they did in April 1997 when the state tried to collect taxes on some Native American tobacco and gasoline sales.
But they also said it is unlikely that there will be any immediate enforcement actions - such as arrests or seizures of cigarette shipments - that would touch off violence. State officials think the state may be losing hundreds of millions of dollars a year because the Internet sales are not taxed.
The law prohibits the delivery of cigarettes to individuals who are not licensed to receive them.
Native American tobacco sellers say the law is unconstitutional and will force hundreds of Indians to be laid off from their jobs on the Seneca reservations alone.
Attorneys Joseph F. Crangle and Margaret Murphy represented the Internet tobacco sellers in Tuesday's meeting before Skretny, with Assistant State Attorney General Stephen F. Gawlik representing the state. At one point, Skretny directed Gawlik to leave the courtroom, contact state officials and ask whether they could voluntarily delay enforcement of the law until he makes his decision.
Gawlik did so, telephoning a representative of Gov. George E. Pataki's office. He then told the judge that the state was insistent that the enforcement begin today.
