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Support for Native Americans in Tobacco Tax Battle

Published: 2010-08-31    Views:161 reads

 

Brief: New York voters strongly support Indian treaties that prevent taxation of Native American-sold goods, according to PRNewswire story quoting a new Zogby International poll conducted on behalf of the Seneca Nation of Indians.

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New York voters strongly support Indian treaties that prevent taxation of Native American-sold goods, according to PRNewswire story quoting a new Zogby International poll conducted on behalf of the Seneca Nation of Indians.

The poll found that 68.4 per cent of those surveyed think state and federal governments should honor Indian treaties - specifically the Treaty of 1842 - which bars state taxation of Seneca businesses.

"Once again the people of New York State have voiced their support of our rights as a sovereign nation. This is especially heart-warming for all Haudenosaunee Nations as the state is poised to enforce its illegal sales tax scheme on September 1," said Seneca Nation of Indians president, Barry E. Snyder Sr.

The state-wide Zogby telephone survey found overwhelming support for honoring Indian treaty rights regardless of geographic regions, political affiliation, gender, race, age or religion.

"New York State government officials don't get it. They are willing to ignore those treaties and the will of the people of New York in their endless quest to generate new revenues to balance their budget," Snyder added.

"Rather than pursuing unlawful and ill-advised tax policies that stifle economic growth and chase people to other states, the state legislature should begin to exercise some fiscal discipline and pursue measured policies that foster economic opportunities. Simply put, they should stop trying to balance their budgets on the backs of the Haudenosaunee and work with us to grow our very successful businesses."

The survey, which measured the opinions of 702 respondents and was conducted on August 23-24, also found highly-favorable views of New York State's Native American nations and business people. The results showed that 79.5 per cent had favorable opinions of Native American nations and tribes.

But the Zogby poll found that 66.3 per cent had unfavorable views of the State Legislature and that 55.4 per cent gave low marks to Governor Paterson.

The extremely positive treaty rights responses mirror data from similar Zogby polls conducted in 2004 and 2006 as the Seneca Nation and other Native Americans involved in the tobacco industry faced the threat of taxation by New York State.

The Seneca Nation filed a lawsuit in US District Court for the Western District of New York on August 17 challenging amendments to New York State Tax Law sections 471 and 471-e that were enacted on June 21; as well as emergency regulations promulgated by the Department of Taxation and Finance in an effort to implement those statutory provisions.

The Nation also made a direct appeal to Governor Paterson to postpone the September 1 enforcement date to diffuse tensions and allow time for an orderly court review.

The Nation ultimately filed a motion seeking a temporary restraining order to block the September 1 tax initiation.