Up in smoke?

The century-old conflict between the Seneca Nation and the State of New York over the issue of cigarette taxation and sovereignty continues as a ruling by a state appellate court suspended the planned $4.25 tax of non-Native citizens purchasing cigarettes.

The tax, which was to begin on September 1, was halted by a temporary restraining order issued by Judge Samuel L. Green of Rochester.

Green's order was a reinstatement of a previous restraining order issued in January 2009, according to state officials. The order will be held for two weeks, at which time both the Seneca Nation and the State of New York will argue their case before the appellate court.

Representatives of the Seneca nation contested the legitimacy of amendments made to state tax laws that were put in place in June of 2010. "Judge Arcara's ruling sets the stage for an orderly and thoughtful legal review of what we believe is an illegal, ill-conceived attempt by New York state to use the Seneca Nation and other Indian nations located within its boundaries as piggy banks to balance the state budget," Seneca President Barry E. Snyder said.

Under the new tax, sales of cigarettes with tobacco grown and manufactured on reservation territory will not be taxed, he added.

According to SUNY Fredonia's President Dennis Hefner, New York State is the only state in the nation that does not enforce a direct tax on Indigenous reservations.

In April of 1997, attempts by New York State to impose a direct tax on the Seneca Nation, including the sale of gasoline, were met with protest on Seneca territory.

"There were barricades put up across the major thruways running across the reservation. There was one confrontation that was shown on the news and highly publicized, there was a standoff for a little while but the main action was the blockage," Hefner said. He recalls that there were rallies held on campus both in favor and in opposition of the tax. These protests were all non violent, according to Hefner.

Hefner also said that the Seneca Nation provides some scholarships to indigenous students attending SUNY Fredonia. Senecas also provide grants to some professors on campus and research for some classes.

Mike Schindler, the President of the Seneca Nation in 1997, responded to the tax by publishing an open letter to then president, Bill Clinton. The letter stated that the Seneca lands are "free from all tax." The United States of America signed this "Buffalo Creek Compromise Treaty" in 1842.

On September 1, approximately 50 protesters gathered outside the Big Indian Smokeshop. The peaceful protest meant to show communal strength, according to Channel 2 news.

 "It is my hope that this is resolved in a peaceful way," Hefner said. But any future protests could potentially disrupt commuter traffic across the reservation, he added.

Commuters are encouraged to take the thruway exit at Eden/Angola, continue on route 62 to Gowanda route 39 through Forestville and route 20 into Fredonia.