Were any of you living in the Southern Tier in 1997 when the Indians revolted against the state trying to tax their gas and smokes? Sounds like I missed a pretty wild party. Can any of you New York State old-timers fill in some more details?
This article from
www2.buffnews.com/editorial/20030617/1007844.aspState hopes peace will prevail on tobacco law
By DAN HERBECK
News Staff Reporter
6/17/2003
The situation got ugly in April 1997, the last time the Seneca Indians and New York State really tangled over the issue of tobacco taxes.
Demonstrators burned big piles of tires, closed major roads in the Southern Tier, fought with state troopers and even stole some troopers' hats and wore them.
State officials are hoping there will be no repeat performance Wednesday, when the state plans to begin enforcement of a public health law prohibiting unlicensed Internet and mail-order tobacco sales.
"Our plan is to move forward with the enforcement (on Wednesday)," said Thomas Bergin, spokesman for the state Department of Taxation and Finance. "We think responsible cigarette sellers and carriers will comply with the law."
Bergin declined Monday afternoon to comment on the possibility that Native American tobacco retailers - who feel the law is directed at them - will react violently to the crackdown.
But the State Police is preparing for possible trouble. Troopers in Western New York have been told to be ready for temporary reassignments to deal with potential Thruway blockades or riot situations.
"We hope there will be no trouble. I can't predict," said Maj. Michael McManus, the State Police commander in Western New York. "We'll do everything we can to maintain peace and order and to keep the roads open for everyone."
Many troopers still recall the events of April 1997, when black smoke billowed from huge roadside tire fires started by Senecas in protest of a Pataki administration plan to begin collecting tobacco and gasoline taxes from Native Americans.
Fighting between the protesters and troopers resulted in at least a dozen injuries to troopers and numerous arrests of Senecas. Large portions of the Thruway and other major roads in the Southern Tier were blocked off by hundreds of demonstrators.
McManus was one of those hurt, suffering injuries to his knee, neck and finger when protesters threw him to the ground. He said he also had problems with blurred vision after a caustic substance was sprayed into his eyes by a demonstrator.
Scott Maybee, a tobacco retailer who is president of a business group called the Seneca Sovereign Partnership, is hoping the issue will be solved in the federal courts.
Attorneys for Maybee and other Internet tobacco sellers plan to ask U.S. District Judge William M. Skretny today for a temporary restraining order, preventing the state from enforcing the law.
Skretny may meet with lawyers today to schedule legal arguments on the issue.
"My preference is to work through the courts and the political system and to engage in peaceful demonstrations, like the one we had in Albany a few weeks ago," Maybee said. "There are other Senecas who would go far beyond that."
"The state says it is trying to stop Internet sales because it is a public health issue," said Joseph F. Crangle, Maybee's attorney. "That's nonsense. Stopping Internet sales is not going to prevent people from buying cigarettes and smoking. This is strictly a money issue for the state."
Some state lawmakers believe the state is losing as much as $400 million a year in tax revenues because of the untaxed Internet cigarette sales.
The Senecas, meanwhile, maintain that Internet sales give a huge financial boost to people on their two reservations, providing some 1,500 jobs with yearly salaries of about $28 million.
Seneca President Rickey Armstrong could not be reached to comment Monday.