The recent passage of the federal Prevent All Cigarette Trafficking Act legislation, along with New York state's plans to collect taxes on sales of tobacco products to non-Native American customers of the Seneca Nation, has local residents concerned about what may be coming.
The Seneca Nation of Indians is currently in federal court fighting the PACT law. Nation officials say thousands of layoffs can be expected if the United States Postal Service is prohibited from shipping cigarettes. Private carriers stopped shipping already under threat of legal action from New York state if they delivered untaxed cigarettes.
The nation's website, www.honorindiantreaties.com, explains its stance, saying the United States Constitution calls treaties "the Supreme Law of the Land."
"And yet New York State is about to violate U.S. treaties that have lasted over 200 years," the website states. "The state plans to implement regulations that would impose sales tax on petroleum and tobacco products sold on Indian lands. These regulations would violate sacred treaties between the U.S. and Indian tribes. Since 1794 the U.S. has acknowledged Indian independence, and the Treaty of 1842 clearly says the Seneca Nation will not be taxed by any U.S. government., including New York state. The state's unconstitutional action will cause over 1,000 Indians and non-Indians to lose their jobs, consumer prices to rise, and businesses to close."
The last time the state attempted to collect the tax, Native Americans opposed to the idea shut down Interstate 90, along with Routes 5 and 20, all of which run through the Seneca Nation.
READY FOR TROUBLE?
The New York State Police Public Information Office was asked by e-mail if it had any plans to send more troopers to the area, though the State Police replied that the agency will not speculate about any potential for trouble.
The state recently seized a truck and its load of cigarettes being delivered by Pierces AJ's Wholesale LLC of Irving between Seneca reservations. Chautauqua County Undersheriff Charles Holder said the Sheriff's Department likely won't be involved in any special actions looking for illegally-shipped cigarettes.
"We haven't been advised at present. We don't anticipate any involvement right now," Holder said. "At one time we had an officer assigned to the (Alcohol, Tobacco and Firearms) that was grant funded several years ago but we haven't been involved in the illegal cigarettes for some time. During routine patrols if we find something we will take action, but we don't have the resources to assist someone on that task. We're too busy with our own calls quite frankly."
But if there are protests that re-route traffic through Chautauqua County, Holder said the Sheriff's Office will be involved.
"The way the county is laid out any way of rerouting traffic is a nightmare. ... There's a huge detour we have to take into account," Holder said, while adding it would be the same if it happens in Salamanca. "Any of those types of demonstrations can be critical to the way we operate. It all pulls on everyone's resources."
Kathy Tampio, Hanover town supervisor, said she too hasn't heard of any possible increase State Police presence in the area.
"The only thing we noticed was an increased FBI presence with that railroad incident,'' Mrs. Tampio said. ''I know they were investigating that very carefully. Other than that, I hear pretty much what you hear, law enforcement is preparing but they don't give specifics. We're hoping everything will be peaceful."
Mrs. Tampio did say there was an increased trooper presence in the area, but that it had nothing to do with the Seneca Nation.
"They've been assisting law enforcement with Sunset Bay, they always have through the years," Mrs. Tampio said. "This year there's a little more activity. They also provided at our request a motorcycle detail Sundays from 1 to 9 p.m. ... to teach motorcycle safety and enforcement. They also assist with promoting safety and of course, DWELT enforcement."