By Joyce Kryszak
http://stream.publicbroadcasting.net/production/mp3/wbfo/local-wbfo-922605.mp3
Buffalo, NY – A federal judge has scheduled a full hearing to be held next Tuesday for arguments in the Seneca's effort to permanently block the state from collecting taxes on cigarettes sold to non-Indians.
U.S. District Court Judge Richard Arcara will hear arguments Tuesday in the Senecas' effort to obtain a permanent injunction barring the tax collection. The judge also extended the temporary restraining order that would have expired Monday.
Meanwhile, an indefinite stay is also in place from a state appellate court in Rochester. That court will begin hearings Thursday for a permanent restraining order. Each court is hearing arguments on different aspects of the law's legality. J.C. Seneca is a Seneca Nation cigarette retailer and the Nation's foreign relations co-chair. He said he'll be following both cases very carefully.
The appellate court's decision on a permanent restraining order would be far-reaching, if granted, banning the state from taxes cigarettes sold by any New York tribe.
The federal case would only protect the Senecas and the Cayugas, who joined the case. The Onieda Nation also filed its own challenge to the law on Tuesday. J.C. Seneca said having another case heard certainly can't hurt.
The governor's office did not respond to WBFO's request for comment on any of the ongoing litigation.