Leader Kolb: State Court Of Appeals Got It Wrong, Cayuga Indian Nation Is Not Above The Law

Statement from New York State Assembly Minority Leader Brian M. Kolb (R,I,C-Canandaigua:

May 11, 2010

“I strongly disagreed with today’s 4-3 ruling by the State Court of Appeals that will allow the Cayuga Indian Nation to continue its policy of refusing to collect taxes on its sales of cigarettes to non-Native American Indians. This decision undercuts efforts to ensure a fair and level playing field for all businesses, not just a select few. A fundamental premise of our judicial system is that our laws must be applied on an equal basis. Today’s decision runs contrary to this principle and sends a message that the Cayuga Indian Nation gets a pass and can operate above New York’s laws. I agree wholeheartedly with Judge Pigott’s dissenting opinion that affirmed New York’s power to collect the taxes on cigarettes sold on Native American lands to non-Native American Indians. The Court should have heeded Judge Pigott’s well-reasoned dissent that was based firmly in the law and its equal application.”

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