By Eileen Buckley
Buffalo, NY – US District judge William Skrektny says the Seneca Nation of Indians is "unlikely to succeed" in its court challenge to overturn the state's ban on selling cigarettes over the Internet. But Skektny did grant a temporary restraining order Wednesday against enforcement of the ban on Seneca reservations.
The suit was filed on behalf of two Seneca Indian tobacco retailers. But there is another case that will head back to US court in October. Attorney Joseph Crangle represents a Seneca member and an on-line tobacco company in that second case.
"This court decision did not address certain Seneca treaty rights which have to be recognized by court," Crangle said. "That was not discussed in this case."
State and Seneca attorneys are scheduled to meet again Tuesday, three days before the temporary restraining order is to expire, according to the court decision.