Post by blackcrowheart on Oct 17, 2006 14:21:50 GMT -5
Indian nations claim sovereignty in cigarette suit
BY KEIKO MORRIS
Newsday Staff Writer
October 11, 2006
A federal judge heard arguments yesterday from attorneys on both sides
of a lawsuit brought by a New York City supermarket chain against two
Long Island Indian nations for selling untaxed cigarettes to
non-Indians.
Attorneys representing the Unkechaug and Shinnecock nations made a
motion to dismiss the lawsuit filed by Gristedes, saying both tribes
had sovereign immunity.
In U.S. District Court in Brooklyn, Conly J. Schulte from Omaha, an
attorney for the tribes, pointed to a 2005 decision by Brooklyn-based
U.S. District Judge Thomas Platt in which he recognized the
Shinnecocks as a tribe. He also noted a half-dozen state court cases
in which the Unkechaug were acknowledged as a tribe, as well as the
state legislation of both tribes.
"The whole notion that the Unkechaug and Shinnecock are not tribes is
defied by 400 years of history," Schulte said.
Gristedes, which filed the lawsuit in March, claims that the smoke
shops on Unkechaug and Shinnecock reservations have sold untaxed
cigarettes at reduced prices, undercutting cigarette sales by
non-Indian merchants in the metropolitan area.
The lawsuit also casts the Indian smoke shop as black-market suppliers
funding everything from organized crime to international terrorists.
Gristedes' lawyer, Howard Kleinhendler of Manhattan, argued that
neither tribe has sovereign immunity because the Bureau of Indian
Affairs has not acknowledged either tribe as a sovereign nation.
The bureau's process of granting tribal recognition is only one of
several ways tribal sovereignty is determined, Schulte said. The
Shinnecock have applied for Bureau of Indian Affairs recognition, but
that process can take 15 to 20 years or longer.
Kleinhendler argued that the only other way for a tribe to obtain
sovereignty was if a federal court reviewed the Bureau of Indian
Affairs' process or if there was a court decision made before 1978,
when the agency initiated its recognition program. "They are just like
everybody else," Kleinhendler said after the hearing. "They can't hide
behind so-called Indian immunity to sell cartons at $20 when everybody
else sells at $50 to $60 a carton."
Federal Judge Carol Amon expressed skepticism on points made by both
sides, including Gristedes' charge that cigarette sales funded
criminal or terrorist activities. Amon set no timetable for a ruling
on the motion.
Smoke shop owner Harry Wallace, an Unkechaug and a chief on the
Poospatuck reservation in Mastic, said, "I'm cautiously optimistic
that this case will be summarily thrown out. This is an obvious
attempt to attack the smallest tribes with the smallest financial
resources."
Some 70 supporters who sat in the hearing and also displayed banners
outside the courthouse chafed at the idea of the Bureau of Indian
Affairs as the single authority able to bestow sovereignty upon them.
Many echoed the sentiments of Shinnecock tribal chairman Lance Gumbs,
who said that the bureau's process of recognition is for the purpose
of receiving social service programs.
"Sovereignty is inherited," he said. "We are sovereign because we are
a nation unto ourselves. The Colonial period recognized us and the
State of New York recognized us. Basically for 400 years we have been
recognized."
Copyright 2006 Newsday Inc.
--
Harlan Pruden
646.351.7360 - Cell
BY KEIKO MORRIS
Newsday Staff Writer
October 11, 2006
A federal judge heard arguments yesterday from attorneys on both sides
of a lawsuit brought by a New York City supermarket chain against two
Long Island Indian nations for selling untaxed cigarettes to
non-Indians.
Attorneys representing the Unkechaug and Shinnecock nations made a
motion to dismiss the lawsuit filed by Gristedes, saying both tribes
had sovereign immunity.
In U.S. District Court in Brooklyn, Conly J. Schulte from Omaha, an
attorney for the tribes, pointed to a 2005 decision by Brooklyn-based
U.S. District Judge Thomas Platt in which he recognized the
Shinnecocks as a tribe. He also noted a half-dozen state court cases
in which the Unkechaug were acknowledged as a tribe, as well as the
state legislation of both tribes.
"The whole notion that the Unkechaug and Shinnecock are not tribes is
defied by 400 years of history," Schulte said.
Gristedes, which filed the lawsuit in March, claims that the smoke
shops on Unkechaug and Shinnecock reservations have sold untaxed
cigarettes at reduced prices, undercutting cigarette sales by
non-Indian merchants in the metropolitan area.
The lawsuit also casts the Indian smoke shop as black-market suppliers
funding everything from organized crime to international terrorists.
Gristedes' lawyer, Howard Kleinhendler of Manhattan, argued that
neither tribe has sovereign immunity because the Bureau of Indian
Affairs has not acknowledged either tribe as a sovereign nation.
The bureau's process of granting tribal recognition is only one of
several ways tribal sovereignty is determined, Schulte said. The
Shinnecock have applied for Bureau of Indian Affairs recognition, but
that process can take 15 to 20 years or longer.
Kleinhendler argued that the only other way for a tribe to obtain
sovereignty was if a federal court reviewed the Bureau of Indian
Affairs' process or if there was a court decision made before 1978,
when the agency initiated its recognition program. "They are just like
everybody else," Kleinhendler said after the hearing. "They can't hide
behind so-called Indian immunity to sell cartons at $20 when everybody
else sells at $50 to $60 a carton."
Federal Judge Carol Amon expressed skepticism on points made by both
sides, including Gristedes' charge that cigarette sales funded
criminal or terrorist activities. Amon set no timetable for a ruling
on the motion.
Smoke shop owner Harry Wallace, an Unkechaug and a chief on the
Poospatuck reservation in Mastic, said, "I'm cautiously optimistic
that this case will be summarily thrown out. This is an obvious
attempt to attack the smallest tribes with the smallest financial
resources."
Some 70 supporters who sat in the hearing and also displayed banners
outside the courthouse chafed at the idea of the Bureau of Indian
Affairs as the single authority able to bestow sovereignty upon them.
Many echoed the sentiments of Shinnecock tribal chairman Lance Gumbs,
who said that the bureau's process of recognition is for the purpose
of receiving social service programs.
"Sovereignty is inherited," he said. "We are sovereign because we are
a nation unto ourselves. The Colonial period recognized us and the
State of New York recognized us. Basically for 400 years we have been
recognized."
Copyright 2006 Newsday Inc.
--
Harlan Pruden
646.351.7360 - Cell