Post by Okwes on Oct 12, 2006 14:48:40 GMT -5
Judge hears arguments in sovereignty case
BROOKLYN NY
Tristan Ahtone 10/11/2006
A federal judge has heard arguments from representatives of the Shinnecock and Unkechaug tribes to dismiss a lawsuit challenging their sovereign status.
The lawsuit, brought by the New York super-market chain Gristedes, charges that since both tribes are not federally recognized, they cannot enjoy tribal sovereign immunity to sell cigarettes tax free. Gristedes also charges that the two tribes have been feeding the black market as well as criminal and terrorist organizations through their cigarette retailing.
Allegations of criminal and terrorism ties are largely based on a New York Times article, which reported that large quantities of cigarette sales at low prices were enabling buyers to re-sell at higher prices in order to fund questionable organizations.
The chairmen from both tribes have denied this allegation.
According to Howard Kleinhendler, lead lawyer for Gristedes, “the tribe cannot hide behind so called ‘immunity’ to sell cigarettes at $20 a carton when everybody else in New York has to live under a law that requires them to sell it from between $50 and $60 a carton.”
At the heart of the argument is tribal sovereign immunity with Gristedes maintaining that a tribe must be federally recognized and the defendant tribes stating that both state and federal tribes retain sovereignty until congress says otherwise.
“You’ve got a number of state court decisions acknowledging both tribes as well as the New York legislature which has for decades,” stated Conly Shulte, legal council for the two tribes, “[The courts have] recognized that these are Indian tribes and are sovereign nations."
The judge in the case has reserved her decision to dismiss.
BROOKLYN NY
Tristan Ahtone 10/11/2006
A federal judge has heard arguments from representatives of the Shinnecock and Unkechaug tribes to dismiss a lawsuit challenging their sovereign status.
The lawsuit, brought by the New York super-market chain Gristedes, charges that since both tribes are not federally recognized, they cannot enjoy tribal sovereign immunity to sell cigarettes tax free. Gristedes also charges that the two tribes have been feeding the black market as well as criminal and terrorist organizations through their cigarette retailing.
Allegations of criminal and terrorism ties are largely based on a New York Times article, which reported that large quantities of cigarette sales at low prices were enabling buyers to re-sell at higher prices in order to fund questionable organizations.
The chairmen from both tribes have denied this allegation.
According to Howard Kleinhendler, lead lawyer for Gristedes, “the tribe cannot hide behind so called ‘immunity’ to sell cigarettes at $20 a carton when everybody else in New York has to live under a law that requires them to sell it from between $50 and $60 a carton.”
At the heart of the argument is tribal sovereign immunity with Gristedes maintaining that a tribe must be federally recognized and the defendant tribes stating that both state and federal tribes retain sovereignty until congress says otherwise.
“You’ve got a number of state court decisions acknowledging both tribes as well as the New York legislature which has for decades,” stated Conly Shulte, legal council for the two tribes, “[The courts have] recognized that these are Indian tribes and are sovereign nations."
The judge in the case has reserved her decision to dismiss.