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Judge Rules State Justified To Close Smoke Shop
Tribe Can't Sell Cigarettes Tax-Free
UPDATED: 6:09 PM EST December 29, 2003
PROVIDENCE -- A federal judge ruled Monday that the state acted properly in
shutting down the Narragansett Indian tribe's tax-free smoke shop. The court
said the state has the right to tax cigarette sales on the tribe's land.
U.S. District Judge William Smith's ruling followed a violent July 14 raid in
which state police arrested seven tribal members who tried to resist their
advance into the trailer where the cigarettes were being sold.
The federally recognized tribe argued that as a sovereign nation, it is free
from the state's taxation laws. The state argued that according to the terms of
the 1978 settlement agreement that gave the tribe its land in Charlestown, the
tribe is bound by state statutes.
Smith found the cigarette tax falls on the tobacco consumer, not the tribe,
meaning the tribe is simply an agent for collecting a tax.
"It is appropriate for the state to impose this burden on the tribe; and such a
burden does not amount to taxation of the tribe, nor does it violate the tribe's
sovereign rights," Smith wrote in his ruling.
Smith said the tribe must comply with the state's taxation laws if it wants to
continue selling cigarettes. He also wrote the state was right to execute a
search warrant at the store.
The judge declined to address whether the state could impose a cigarette tax
that falls directly on the tribe.
Narragansett Chief Sachem Matthew Thomas said it was likely the tribe would
appeal. Thomas said he would recommend an appeal to the tribal council, which
was expected to meet within a few days.
The shop has been closed since the raid, in which state police confiscated
160,000 remaining cigarettes, and will remain closed while the case is
litigated, Thomas said.
The shop was converted into a information center about tribal sovereignty.
Gov. Don Carcieri said the ruling shows that state taxation laws apply on the
tribe's sales activities. That's important, he said, because while the issue now
is cigarettes, it could also be gasoline or alcohol sales.
"At last, now we have some guidance. We know the tax laws apply, the civil and
criminal laws apply," Carcieri said.
Thomas contested that interpretation of the decision, saying the court had
upheld the tribe's sovereignty.
"I think the governor has misspoken," Thomas said.
State Attorney General Patrick Lynch called the decision a narrow one, saying it
addressed only the issue of the tribe's tobacco sales.
Douglas Luckerman, a lawyer for the tribe, hailed the ruling as a partial
victory, saying the judge resisted the state's effort to claim full authority
over the tribe.
He noted a part of the court's declaration saying, "Nothing in this opinion
should be read to suggest that the state's ability to enter upon tribal land to
enforce its criminal/regulatory laws is limitless, or that state authorities may
act with impunity. It is not; and they may not."
Carcieri said the state had never tried to claim full authority over the tribe,
but now knows its laws do apply on the tribe's lands.
The dispute over the smoke shop is just one part of a long struggle between the
state and the tribe, which has been seeking permission to open a casino for more
than a decade.
A 1996 amendment to federal law introduced by the late Sen. John Chafee, R-R.I.,
exempts the tribe from the Indian Gaming Regulatory Act, which has allowed
tribes, including Connecticut's Mashantucket Pequots and Mohegans, to open
casinos.
The July raid on the store, which occurred in front of television cameras,
sparked sharp criticism, with many calling the state's action violent and
excessive.
Carcieri said Monday he regretted the confrontation that erupted surrounding the
raid. He has said he had told the state police to execute a search warrant, but
to stop if they encountered resistance. The state police have said they believed
the resistance they met with was manageable.
State Police spokesman Maj. Brendan Doherty said Monday the police were pleased
with the ruling, and that the officers involved in executing the warrant had
acted professionally.
A commission appointed by the governor to review the incident concluded in
October that unclear instructions from the governor and the Narragansett
leadership contributed to the raid turning violent.
On Monday, Luckerman pointed to a section of the judge's ruling that suggests
the state might not have chosen the best course of action in enforcing its legal
right.
"It is possible (and perhaps worthwhile) to engage in a debate about whether
less intrusive means were available to the state to enforce its tax scheme,
means which would have been more respectful of the tribe's sovereignty," the
judge wrote.
Lynch said the state went forward with the warrant because it stood to lose an
estimated $12 million per year in tax revenue.
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On 04 Feb 2004 in alt.support.stop-smoking, "=> Vox Populi "
<vox@popu.li> made his/her contribution to mankind by stating in
news:Fe9Ub.22$BD3.41773@news.uswest.net:
<snip>
Lynch said the state went forward with the warrant because it stood to
lose an estimated $12 million per year in tax revenue.
I think that's it right there.. they need the money and are trying to
squeeze it from wherever they can..
I remember while in the Navy, once the ship was underway and more than 3
miles offshore, the store would sell smokes tax free since we were in
international waters and no longer subject to taxes.. I'll be they don't do
that anymore either
--
/(bb|[
b]{2})/ that is the Question
ThePsyko
Public Enemy #7
http://prozac.iscool.net
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ThePsyko wrote:
On 04 Feb 2004 in alt.support.stop-smoking, "=> Vox Populi "
<vox@popu.li> made his/her contribution to mankind by stating in
news:Fe9Ub.22$BD3.41773@news.uswest.net:
<snip>
I think that's it right there.. they need the money and are trying to
squeeze it from wherever they can..
I remember while in the Navy, once the ship was underway and more
than 3 miles offshore, the store would sell smokes tax free since we
were in international waters and no longer subject to taxes.. I'll be
they don't do that anymore either
I remember when the Navy used to encourage and pander Sailor's
use of prostitutes in Hawaii before WWII, I'll bet they don't do
that anymore either.
--
"Naturally, the common people don't want war;
neither in Russia nor in England nor in America,
nor for that matter in Germany.
That is understood. But, after all, it is the leaders
of the country who determine the policy and
it is always a simple matter to drag the people
along, whether it is a democracy or a fascist
dictatorship or a Parliament or a Communist
dictatorship. Voice or no voice, the people can
always be brought to the bidding of the leaders.
That is easy. All you have to do is tell them
they are being attacked and denounce the
pacifists for lack of patriotism and exposing
the country to danger. It works the same way
in any country."
- Hermann Goering, Nazi Reichsmarshall
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=> Vox Populi wrote:
Judge Rules State Justified To Close Smoke Shop
Tribe Can't Sell Cigarettes Tax-Free
That has now been overturned.
The judge was bribed.
Very simple and common procedure.
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stanlee_98@yahoo.com wrote:
On Fri, 6 Feb 2004 20:37:43 +1100, "Cranky Bastard" <not@likely.com>
wrote:
There's a big difference between sales tax and insanely high
tobacco tax, which is a ripoff.
It's not high enough Stan Lee, and it IS going to get higher.
Where will pathetic lowlife addicts such as yourself get the $$
to feed your putrid addiction ...?
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On Fri, 6 Feb 2004 09:28:45 -0700, "=> Vox Populi " <vox@popu.li>
wrote:
stanlee_98@yahoo.com wrote:
It's not high enough Stan Lee, and it IS going to get higher.
Where will pathetic lowlife addicts such as yourself get the $$
to feed your putrid addiction ...?
Don't worry about me, I don't pay cigarette taxes, and I can smoke
anywhere I want to. If you have enough money, you still can do
pretty much anything in this country.
Taxes and smoking bans have no effect on me, but that doesn't
make taxes and bans acceptable. A ripoff is a ripoff, no one should
approve such obvious discrimination. It's not a discrimination
against smokers, it's a discrimination against the poor.
It's your class, you should support them.
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Kevin wrote:
Cranky Bastard wrote:
It works for me. I purchase all goods online, clothes,professional
recording gear, aircraft parts, auto parts,etc. Two UPS to my door. On
high ticket items I save a lot even with two day air. I buy only from
out of state vendors this way I pay NO sales tax on anything I buy.
So besides being a lowlife pathetic addict, you are a tax-evading
criminal. Big surprise there.
You, the consumer, are required by law to pay the sales/use
tax in your home state where you use/consume the products,
regardless where/how you purchase/obtain them.
You are just a tax-evading criminal addict scum.
I
only buy food locally, which is tax free where I live. If you pay
sales
tax it's you own fault.
Sez the tax criminal.
--
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On Fri, 6 Feb 2004 14:31:40 -0700, "=> Vox Populi " <vox@popu.li>
wrote:
It works for me. I purchase all goods online, clothes,professional
recording gear, aircraft parts, auto parts,etc. Two UPS to my door. On
high ticket items I save a lot even with two day air. I buy only from
out of state vendors this way I pay NO sales tax on anything I buy.
So besides being a lowlife pathetic addict, you are a tax-evading
criminal. Big surprise there.
You, the consumer, are required by law to pay the sales/use
tax in your home state where you use/consume the products,
regardless where/how you purchase/obtain them.
I don't know what state you live in (probably the state of confusion),
but in the US it's perfectly legal to buy from any out-of-state
mail order company, and pay no sales tax. (except for cigarettes
in some states). Now you know.
You are just a tax-evading criminal addict scum.
This would be a good time for you to apologize for falsely accusing
him with tax evasion.
The reason no one likes you is that you have no manners.
Be polite.
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stanlee_98@yahoo.com wrote:
On Fri, 6 Feb 2004 14:31:40 -0700, "=> Vox Populi " <vox@popu.li>
wrote:
It works for me. I purchase all goods online, clothes,professional
recording gear, aircraft parts, auto parts,etc. Two UPS to my door.
On high ticket items I save a lot even with two day air. I buy only
from out of state vendors this way I pay NO sales tax on anything I
buy.
I don't know what state you live in (probably the state of confusion),
but in the US it's perfectly legal to buy from any out-of-state
mail order company, and pay no sales tax. (except for cigarettes
in some states). Now you know.
Wrong again you lowlife addicted puke. You, the consumer,
are responsible for declaring and paying sales/use tax that
your home state levies regardless of where or how you purchase
the merchandise.
This would be a good time for you to apologize for falsely accusing
him with tax evasion.
Except for the small fact that it *is* tax evasion.
The reason no one likes you is that you have no manners.
Be polite.
Eat #@($ you pig-ignorant addicted scumbag.
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=> Vox Populi wrote:
Kevin wrote:
So besides being a lowlife pathetic addict, you are a tax-evading
criminal. Big surprise there.
You, the consumer, are required by law to pay the sales/use
tax in your home state where you use/consume the products,
regardless where/how you purchase/obtain them.
You are just a tax-evading criminal addict scum.
You are only a criminal if you get caught.
In the meantime, I will let you continue
paying my taxes for me. Life is good, no?
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stanlee_98@yahoo.com wrote:
On Fri, 6 Feb 2004 09:28:45 -0700, "=> Vox Populi " <vox@popu.li>
wrote:
Don't worry about me,
No worries.
I don't pay cigarette taxes,
Sure you don't.
and I can smoke
anywhere I want to.
No, you clearly can't.
If you have enough money, you still can do
pretty much anything in this country.
Except smoke in places where it is prohibited by law.
If you think otherwise, go ahead and fire one up
the next time you're on an commercial airliner.
Taxes and smoking bans have no effect on me,
If you're a non-smoker, that'd be true.
but that doesn't
make taxes and bans acceptable.
Sure it does.
A ripoff is a ripoff,
Brillaint Bu$hism ... and irrelevant.
no one should
approve such obvious discrimination.
Of course it's discrimination you pathetic drug-addled imbecile,
ALL laws are a form of discrimination of one behavior over another.
Do you even have a @$#*ing clue, dip#@($?
It's not a discrimination
against smokers, it's a discrimination against the poor.
NewsFlash #@($eater: $$ discriminates against the poor ... that's why they're
called poor, moron.
It's your class, you should support them.
When you graduate your 8th grade english class, let us know.
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