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Judge Issues Temporary Restraining Order Preventing State from Collecting Taxes

By WKBW Internet
August 31, 2010 Updated Aug 31, 2010 at 10:54 PM EST

BUFFALO, NY (WKBW) - A Federal Judge approved a temporary restraining order Tuesday filed by the Seneca Nation of Indians.

The restraining order will prevent New York State from collecting sales tax on cigarettes sold on Native American territories for two weeks.

A State Supreme Court Judge ruled Monday to lift an injunction that blocked New York State from collecting taxes on cigarettes sold to non-natives on Indian reservations. Tuesday's ruling in Federal Court means the state cannot proceed with plans to collect taxes for at least the next fourteen days.

Two protests are planned for Wednesday, one at Big Indian Smoke Shop and one at Native Pride on Route 20 in Irving, protesting the states plans to move forward with the collection of the taxes.

Judge Arcara will meet with attorneys from the two sides on the case on Thursday.

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