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RE: Native American Builds Highway Exit Ramp To His Smoke Shop To Protest Taxes

in #news6 years ago

White filed a lawsuit against the state on the grounds that these fines violate Indian Law Section 6, which states “No taxes shall be assessed, for any purpose whatever, upon any Indian reservation in this state, so long as the land of such reservation shall remain the property of the nation, tribe or band occupying the same.”
State officials moved to dismiss the suit, saying Indian Law Section 6 and the Treaty of 1842 only apply to state taxation of land or real property.

It does seem pretty obvious upon reading it that he has no case, as soon as I read the law he was citing I was going to comment that it clearly applied to real estate taxes and was not a blanket exception for all taxation on all activities. Frankly one has to wonder how much of an Native American "Eric White" living in NY state is. In a few more generations almost no one will meet the legal definition to qualify as an Indian under federal law.

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