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

in #news6 years ago

 

Eric White of the Seneca Indian Tribe owns the Big Indian Smoke Shop  in Irving, New York, and he along with a number of other native-owned  businesses have been in an ongoing legal battle with the state of New  York over taxes. On March 15, a New York Judge issued a ruling which fined White $2.4  million for allegedly selling unstamped, untaxed cigarettes in 2012.  

White says that his business is entirely legal and that his products are  not subject to state taxes because they are native brands that are  being shipped from one reservation to another, meaning that this is  native business that is not the government’s concern. 

White also says  that he has been harassed by state police, who have illegally stopped  and searched his vehicles. Furthermore, the fines that were issued against White are three and a half times what the cigarettes were worth. 

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. To fight against this massive injustice, White is building his own  exit ramp from the highway that leads directly to his business. 

Paul Cambria, White’s attorney,  says that he does not believe that  the government has any right to tell him what to do on tribal lands. 

Eric is currently exploring the authority of the Thruway  easements over his land… He feels the state is taking advantage of  nation people….he believes there is no valid easement that the Thruway has over sovereign territory,” Cambria told WGRZ.

A spokesperson for the New York State Thruway Authority responded to the construction of the ramp in a statement, saying that, “The  safety of motorists is paramount and we are looking into the matter to  ensure the work does not interfere with the operation of the Thruway.” 

The Seneca Nation was quick to distance themselves from White’s  action, despite the fact that they understand his frustration with the  state’s unfair taxation of native people. 

“While we are aware of the activity being undertaken by an  individual on the Cattaraugus Territory, the Seneca Nation has no role  whatsoever in what is taking place. Although we know the reason for his  actions, we look for a safe resolution addressing this situation,” a statement from the Seneca Nation read. 

The Seneca Nation is instead attempting to fight these battles in the  courts. Last month, the Seneca Nation filed a lawsuit against the state  of New York for building a toll road on tribal lands, in the same  region that this smoke shop is located.

“After decades of seeing our property invaded without  authorization from the federal government that is required to protect  our Native land, we find it necessary to take legal action against these  State officials. We are not seeking to cause any disruption, but rather  to ensure that the New York State authorities comply with federal law  and gain approval from the Department of Interior for the Thruway that encroaches on 300 acres of land that has belonged to the Nation and our ancestors for generations,” Seneca Nation President Todd Gates said after the lawsuit was filed. 

Many years after this land was stolen by the US government, they  continue to persecute native groups. In the state of New York, where  many people don’t even realize that native lands exist, the US  government is still taxing these people and unjustly taking their land. 


AUTHOR BIOGRAPHY:

My name is John Vibes and I am an author and researcher who organizes a number of large events including the Free Your Mind Conference. I write for numerous alternative media websites, including The Free Thought Project @tftproject and The Mind Unleashed. In addition to my first book, Alchemy of the Timeless Renaissance, I have also co-authored three books with Derrick Broze @dbroze : The Conscious Resistance: Reflections on Anarchy and Spirituality, Finding Freedom in an Age of Confusion and Manifesto of the Free Humans

I just won a 3-year-long battle with cancer, and will be working to help others through my experience, if you wish to contribute to my medical bills, consider subscribing to my podcast on Patreon. 

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Interesting story, well written! :-)
I hope that a just solution will be found, in favor of the Seneca Tribe...

This is a great story to show folks that we don't have to just lay down & take any junk from the state. While I'm not sure that taking the state on in its own court's system will be very effective, at least these people are standing up to them & saying "No, we're not going to take it anymore!" to the criminals of the state.

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.

That's look like a great project is building and both country will benefits from them

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great story John! I wasn't aware of this going on, I hope you keep us informed about the ongoing legal battle. It seems like the state would not want this story out, doesn't it make them look bad? I wouldn't think they would want the bad publicity. thanks for sharing!

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