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#1002880 --- 04/02/09 06:14 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: justaxme]
BJ Radford Offline
Member

Registered: 03/30/09
Posts: 314
Loc: Geneva
A girl who very much appeared to be over 18 came in, plunked down her license and asked for a carton of cigarettes. The cashier forgot to look at her license. I believe the cashier assumed her willingness to volunteer the license, lessened their need to see it. A mistake. Your feeling that humans who make mistakes, including all cashiers everywhere apparently, are bad is pretty scary.

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#1002883 --- 04/02/09 06:16 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: SilverFox]
BJ Radford Offline
Member

Registered: 03/30/09
Posts: 314
Loc: Geneva
Federal and state excise taxes are both collected at the distributor level. Only sales tax collection and remittance takes place at the retailer level.

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#1002900 --- 04/02/09 06:43 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: SilverFox]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: SilverFox
Simple twisted logic on the part of the Cayugas.


That must be why BJR is unable to offer a valid response. ;\)
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1002904 --- 04/02/09 06:54 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: BJ Radford]
HighC Offline
Junior Member

Registered: 03/09/08
Posts: 17
Loc: Out of my mind
Originally Posted By: BJ Radford
Sorry - guess I need to be more direct - YES

By this answer, I take it that you are following the federal law.

It is the belief of most of the posters that you are not following NYS law by

1. Not charging non Native Americans NYS tobacco tax
2. Not collecting and remitting sales tax

Would you care to state the facts (or your position) on these issues?

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#1002908 --- 04/02/09 06:56 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: BJ Radford]
HighC Offline
Junior Member

Registered: 03/09/08
Posts: 17
Loc: Out of my mind
Originally Posted By: BJ Radford
Federal and state excise taxes are both collected at the distributor level. Only sales tax collection and remittance takes place at the retailer level.


I beg to differ
Federal excise is collected at Manufacturer level and built into price to the distributor
State excise is collected at the distributor.


Edited by HighC (04/02/09 06:58 AM)

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#1002911 --- 04/02/09 07:00 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: SFisWonderful]
trump Offline
Senior Member

Registered: 11/15/08
Posts: 887
Loc: USA
Originally Posted By: SFisWonderful
Originally Posted By: trump
Originally Posted By: SFisWonderful
Originally Posted By: BJ Radford
A very good, hard working cashier made an error, as I said. I'm surprised you find that so hard to believe. Scan back through some of the past issues of the Finger Lakes Times. You will see where other cashiers at other stores have made the same error. It is usually on page six and is just a couple of sentences - not front page news. It would be hard for our cashiers to sell booze to a minor, or anyone else!

You are 100% right, other stores have made the same mistake of selling to minors. Here is the difference, the BIG difference!

Lakeside Trading stores whined and cried about the $300 fine and said that "your" laws dont apply to us! They finally paid this fine but not after making a big deal out of it.

The other stores paid the fine and took disciniplary with the employee that made the error and PAID the fine just to move forward. These stores didnt come up with every excuse they could think of, they paid the fine and moved on.


Wow. I didn't know all this. Very interesting. BJ Radford, Is this what happened?

Well, I would let her answer, but she feels as though everything we say is an OPINION. I wonder how she feels about what LEE ALCOTT says. Alcott boldly stated that they are above the laws that all the other slum citizens must live by. Here is the article:
Lawyer: Cayugas won't pay fine
Nation cites its sovereignty in rebuffing penalty for selling cigarettes to a minor.
Friday, June 20, 2008
By Scott Rapp
Staff writer
The Cayuga Indian Nation will not pay a $300 fine for selling cigarettes to a minor at its LakeSide Trading gas station and convenience store in the town of Seneca Falls, a nation lawyer said Thursday.

The Seneca County health board imposed the penalty on Wednesday, setting up another legal clash over the issue of sovereignty.

Saying it has sovereign rights, the nation believes it can operate its Route 89 store beyond the reach of local and state laws. The county disagrees, holding to its long-standing position against Indian sovereignty.

"They have no jurisdiction. . . . They're clearly without the authority to impose the fine and to collect the fine," said Lee Alcott, a Syracuse lawyer representing the Cayugas.

The nation was cited for selling cigarettes to a minor - a violation of state public health law - after the county's first inspection at LakeSide Trading on April 25, County Attorney Frank Fisher said.

The citation was upheld after an administrative hearing May 21.

At the hearing, Alcott disputed the county's right to conduct the inspection while Fisher said the county has every right to enforce the law at the business, which the Cayugas acquired in October 2003.

"There's nothing about that facility that makes it unique. Their claim that they're on an Indian reservation is not correct," Fisher said.

The state Health Department did not object to the county inspecting the store, said Beth Goldberg, a department spokeswoman.

The Cayugas own a similar business in Union Springs, but Cayuga County has never tried to enforce the law regulating tobacco sales to minors at that store, said Scott King, a spokesman for the Cayuga County Health Department.

"We've been consistently told by the state Health Department not to regulate that facility," he said.

In 2005, the Cayugas lost a federal lawsuit to regain sovereign title to some 64,000 acres of ancestral land around the north end of Cayuga Lake. Since then, the nation has applied to put some of its growing land holdings in both Seneca and Cayuga counties into sovereign federal trust. Both counties oppose the move, which remains pending before the U.S. Department of Interior....


Wow. OMG. Thanks SFWonderful. This is getting beyond belief.

Quote:
my name really is BJ Radford and I really am the Chief Operating Officer of LakeSide Enterprises, the Cayuga Nation's business arm. I believe strongly in the right for each of us to have our own opinion. I also believe in our right to express that opinion in any polite, ethical and legal manner. I do not choose to express, or discuss mine on this forum. I am willing to provide matters of fact, that I am aware of, for the benefit of anyone who might be interested in the truth. My post contained just that.


Quote:
As background - I am caucasian, an american citizen, and very proud of our military. I have spent most of the last 20 years working for Indian Nations.


I didn't know the Indian Nations had a military?

Quote:
A very good, hard working cashier made an error, as I said. I'm surprised you find that so hard to believe. Scan back through some of the past issues of the Finger Lakes Times. You will see where other cashiers at other stores have made the same error. It is usually on page six and is just a couple of sentences - not front page news.


BJ Radford, Are you trying to tell me that you were unaware of Lee Alcott's action on this issue which caused it to be front page news? I find that impossible to believe.


Edited by trump (04/02/09 07:13 AM)
_________________________
http://www.nocayugalandintotrust.net

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#1002971 --- 04/02/09 08:48 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: HighC]
BJ Radford Offline
Member

Registered: 03/30/09
Posts: 314
Loc: Geneva
Originally Posted By: HighC
Originally Posted By: BJ Radford
Sorry - guess I need to be more direct - YES

By this answer, I take it that you are following the federal law.

It is the belief of most of the posters that you are not following NYS law by

1. Not charging non Native Americans NYS tobacco tax
2. Not collecting and remitting sales tax

Would you care to state the facts (or your position) on these issues?


Glad to state the facts. LakeSide Trading does not collect or remit sales tax. Could you please clarify what you mean by tobacco?

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#1002973 --- 04/02/09 08:50 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: trump]
BJ Radford Offline
Member

Registered: 03/30/09
Posts: 314
Loc: Geneva
Originally Posted By: trump
Originally Posted By: SFisWonderful
Originally Posted By: trump
Originally Posted By: SFisWonderful
Originally Posted By: BJ Radford
A very good, hard working cashier made an error, as I said. I'm surprised you find that so hard to believe. Scan back through some of the past issues of the Finger Lakes Times. You will see where other cashiers at other stores have made the same error. It is usually on page six and is just a couple of sentences - not front page news. It would be hard for our cashiers to sell booze to a minor, or anyone else!

You are 100% right, other stores have made the same mistake of selling to minors. Here is the difference, the BIG difference!

Lakeside Trading stores whined and cried about the $300 fine and said that "your" laws dont apply to us! They finally paid this fine but not after making a big deal out of it.

The other stores paid the fine and took disciniplary with the employee that made the error and PAID the fine just to move forward. These stores didnt come up with every excuse they could think of, they paid the fine and moved on.


Wow. I didn't know all this. Very interesting. BJ Radford, Is this what happened?

Well, I would let her answer, but she feels as though everything we say is an OPINION. I wonder how she feels about what LEE ALCOTT says. Alcott boldly stated that they are above the laws that all the other slum citizens must live by. Here is the article:
Lawyer: Cayugas won't pay fine
Nation cites its sovereignty in rebuffing penalty for selling cigarettes to a minor.
Friday, June 20, 2008
By Scott Rapp
Staff writer
The Cayuga Indian Nation will not pay a $300 fine for selling cigarettes to a minor at its LakeSide Trading gas station and convenience store in the town of Seneca Falls, a nation lawyer said Thursday.

The Seneca County health board imposed the penalty on Wednesday, setting up another legal clash over the issue of sovereignty.

Saying it has sovereign rights, the nation believes it can operate its Route 89 store beyond the reach of local and state laws. The county disagrees, holding to its long-standing position against Indian sovereignty.

"They have no jurisdiction. . . . They're clearly without the authority to impose the fine and to collect the fine," said Lee Alcott, a Syracuse lawyer representing the Cayugas.

The nation was cited for selling cigarettes to a minor - a violation of state public health law - after the county's first inspection at LakeSide Trading on April 25, County Attorney Frank Fisher said.

The citation was upheld after an administrative hearing May 21.

At the hearing, Alcott disputed the county's right to conduct the inspection while Fisher said the county has every right to enforce the law at the business, which the Cayugas acquired in October 2003.

"There's nothing about that facility that makes it unique. Their claim that they're on an Indian reservation is not correct," Fisher said.

The state Health Department did not object to the county inspecting the store, said Beth Goldberg, a department spokeswoman.

The Cayugas own a similar business in Union Springs, but Cayuga County has never tried to enforce the law regulating tobacco sales to minors at that store, said Scott King, a spokesman for the Cayuga County Health Department.

"We've been consistently told by the state Health Department not to regulate that facility," he said.

In 2005, the Cayugas lost a federal lawsuit to regain sovereign title to some 64,000 acres of ancestral land around the north end of Cayuga Lake. Since then, the nation has applied to put some of its growing land holdings in both Seneca and Cayuga counties into sovereign federal trust. Both counties oppose the move, which remains pending before the U.S. Department of Interior....


Wow. OMG. Thanks SFWonderful. This is getting beyond belief.

Quote:
my name really is BJ Radford and I really am the Chief Operating Officer of LakeSide Enterprises, the Cayuga Nation's business arm. I believe strongly in the right for each of us to have our own opinion. I also believe in our right to express that opinion in any polite, ethical and legal manner. I do not choose to express, or discuss mine on this forum. I am willing to provide matters of fact, that I am aware of, for the benefit of anyone who might be interested in the truth. My post contained just that.


Quote:
As background - I am caucasian, an american citizen, and very proud of our military. I have spent most of the last 20 years working for Indian Nations.


I didn't know the Indian Nations had a military?

Quote:
A very good, hard working cashier made an error, as I said. I'm surprised you find that so hard to believe. Scan back through some of the past issues of the Finger Lakes Times. You will see where other cashiers at other stores have made the same error. It is usually on page six and is just a couple of sentences - not front page news.


BJ Radford, Are you trying to tell me that you were unaware of Lee Alcott's action on this issue which caused it to be front page news? I find that impossible to believe.


I am aware of what Lee Alcott said. I said I was an American citizen. I said I was proud of our military. How do you get from those statements to an issue re. indian military?

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#1002976 --- 04/02/09 08:55 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: BJ Radford]
trump Offline
Senior Member

Registered: 11/15/08
Posts: 887
Loc: USA
Originally Posted By: BJ Radford
Originally Posted By: trump
Originally Posted By: SFisWonderful
Originally Posted By: trump
Originally Posted By: SFisWonderful
Originally Posted By: BJ Radford
A very good, hard working cashier made an error, as I said. I'm surprised you find that so hard to believe. Scan back through some of the past issues of the Finger Lakes Times. You will see where other cashiers at other stores have made the same error. It is usually on page six and is just a couple of sentences - not front page news. It would be hard for our cashiers to sell booze to a minor, or anyone else!

You are 100% right, other stores have made the same mistake of selling to minors. Here is the difference, the BIG difference!

Lakeside Trading stores whined and cried about the $300 fine and said that "your" laws dont apply to us! They finally paid this fine but not after making a big deal out of it.

The other stores paid the fine and took disciniplary with the employee that made the error and PAID the fine just to move forward. These stores didnt come up with every excuse they could think of, they paid the fine and moved on.


Wow. I didn't know all this. Very interesting. BJ Radford, Is this what happened?

Well, I would let her answer, but she feels as though everything we say is an OPINION. I wonder how she feels about what LEE ALCOTT says. Alcott boldly stated that they are above the laws that all the other slum citizens must live by. Here is the article:
Lawyer: Cayugas won't pay fine
Nation cites its sovereignty in rebuffing penalty for selling cigarettes to a minor.
Friday, June 20, 2008
By Scott Rapp
Staff writer
The Cayuga Indian Nation will not pay a $300 fine for selling cigarettes to a minor at its LakeSide Trading gas station and convenience store in the town of Seneca Falls, a nation lawyer said Thursday.

The Seneca County health board imposed the penalty on Wednesday, setting up another legal clash over the issue of sovereignty.

Saying it has sovereign rights, the nation believes it can operate its Route 89 store beyond the reach of local and state laws. The county disagrees, holding to its long-standing position against Indian sovereignty.

"They have no jurisdiction. . . . They're clearly without the authority to impose the fine and to collect the fine," said Lee Alcott, a Syracuse lawyer representing the Cayugas.

The nation was cited for selling cigarettes to a minor - a violation of state public health law - after the county's first inspection at LakeSide Trading on April 25, County Attorney Frank Fisher said.

The citation was upheld after an administrative hearing May 21.

At the hearing, Alcott disputed the county's right to conduct the inspection while Fisher said the county has every right to enforce the law at the business, which the Cayugas acquired in October 2003.

"There's nothing about that facility that makes it unique. Their claim that they're on an Indian reservation is not correct," Fisher said.

The state Health Department did not object to the county inspecting the store, said Beth Goldberg, a department spokeswoman.

The Cayugas own a similar business in Union Springs, but Cayuga County has never tried to enforce the law regulating tobacco sales to minors at that store, said Scott King, a spokesman for the Cayuga County Health Department.

"We've been consistently told by the state Health Department not to regulate that facility," he said.

In 2005, the Cayugas lost a federal lawsuit to regain sovereign title to some 64,000 acres of ancestral land around the north end of Cayuga Lake. Since then, the nation has applied to put some of its growing land holdings in both Seneca and Cayuga counties into sovereign federal trust. Both counties oppose the move, which remains pending before the U.S. Department of Interior....


Wow. OMG. Thanks SFWonderful. This is getting beyond belief.

Quote:
my name really is BJ Radford and I really am the Chief Operating Officer of LakeSide Enterprises, the Cayuga Nation's business arm. I believe strongly in the right for each of us to have our own opinion. I also believe in our right to express that opinion in any polite, ethical and legal manner. I do not choose to express, or discuss mine on this forum. I am willing to provide matters of fact, that I am aware of, for the benefit of anyone who might be interested in the truth. My post contained just that.


Quote:
As background - I am caucasian, an american citizen, and very proud of our military. I have spent most of the last 20 years working for Indian Nations.


I didn't know the Indian Nations had a military?

Quote:
A very good, hard working cashier made an error, as I said. I'm surprised you find that so hard to believe. Scan back through some of the past issues of the Finger Lakes Times. You will see where other cashiers at other stores have made the same error. It is usually on page six and is just a couple of sentences - not front page news.


BJ Radford, Are you trying to tell me that you were unaware of Lee Alcott's action on this issue which caused it to be front page news? I find that impossible to believe.


I am aware of what Lee Alcott said. I said I was an American citizen. I said I was proud of our military. How do you get from those statements to an issue re. indian military?


I mentioned the military half in jest since you seem to be supporting two nations, the USA and the Cayuga nation. A nation divided amongst itself cannot stand. If you knew what Lee Accott said then why did it surprise you that this got so much play in the papers? Front page news is where it deserved to be.
_________________________
http://www.nocayugalandintotrust.net

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#1002997 --- 04/02/09 09:34 AM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: BJ Radford]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: BJ Radford
Glad to state the facts. LakeSide Trading does not collect or remit sales tax. Could you please clarify what you mean by tobacco?


Indirectly, the Cayugas do collect the sales taxes but they fail to send it to the county or the state. The price of gas and cigarettes would be substantially lower but that is how you make large profits.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

Top
#1003126 --- 04/02/09 02:51 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: trump]
BJ Radford Offline
Member

Registered: 03/30/09
Posts: 314
Loc: Geneva
Originally Posted By: trump
Originally Posted By: BJ Radford
Originally Posted By: trump
Originally Posted By: SFisWonderful
Originally Posted By: trump
Originally Posted By: SFisWonderful
Originally Posted By: BJ Radford
A very good, hard working cashier made an error, as I said. I'm surprised you find that so hard to believe. Scan back through some of the past issues of the Finger Lakes Times. You will see where other cashiers at other stores have made the same error. It is usually on page six and is just a couple of sentences - not front page news. It would be hard for our cashiers to sell booze to a minor, or anyone else!

You are 100% right, other stores have made the same mistake of selling to minors. Here is the difference, the BIG difference!

Lakeside Trading stores whined and cried about the $300 fine and said that "your" laws dont apply to us! They finally paid this fine but not after making a big deal out of it.

The other stores paid the fine and took disciniplary with the employee that made the error and PAID the fine just to move forward. These stores didnt come up with every excuse they could think of, they paid the fine and moved on.


Wow. I didn't know all this. Very interesting. BJ Radford, Is this what happened?

Well, I would let her answer, but she feels as though everything we say is an OPINION. I wonder how she feels about what LEE ALCOTT says. Alcott boldly stated that they are above the laws that all the other slum citizens must live by. Here is the article:
Lawyer: Cayugas won't pay fine
Nation cites its sovereignty in rebuffing penalty for selling cigarettes to a minor.
Friday, June 20, 2008
By Scott Rapp
Staff writer
The Cayuga Indian Nation will not pay a $300 fine for selling cigarettes to a minor at its LakeSide Trading gas station and convenience store in the town of Seneca Falls, a nation lawyer said Thursday.

The Seneca County health board imposed the penalty on Wednesday, setting up another legal clash over the issue of sovereignty.

Saying it has sovereign rights, the nation believes it can operate its Route 89 store beyond the reach of local and state laws. The county disagrees, holding to its long-standing position against Indian sovereignty.

"They have no jurisdiction. . . . They're clearly without the authority to impose the fine and to collect the fine," said Lee Alcott, a Syracuse lawyer representing the Cayugas.

The nation was cited for selling cigarettes to a minor - a violation of state public health law - after the county's first inspection at LakeSide Trading on April 25, County Attorney Frank Fisher said.

The citation was upheld after an administrative hearing May 21.

At the hearing, Alcott disputed the county's right to conduct the inspection while Fisher said the county has every right to enforce the law at the business, which the Cayugas acquired in October 2003.

"There's nothing about that facility that makes it unique. Their claim that they're on an Indian reservation is not correct," Fisher said.

The state Health Department did not object to the county inspecting the store, said Beth Goldberg, a department spokeswoman.

The Cayugas own a similar business in Union Springs, but Cayuga County has never tried to enforce the law regulating tobacco sales to minors at that store, said Scott King, a spokesman for the Cayuga County Health Department.

"We've been consistently told by the state Health Department not to regulate that facility," he said.

In 2005, the Cayugas lost a federal lawsuit to regain sovereign title to some 64,000 acres of ancestral land around the north end of Cayuga Lake. Since then, the nation has applied to put some of its growing land holdings in both Seneca and Cayuga counties into sovereign federal trust. Both counties oppose the move, which remains pending before the U.S. Department of Interior....


Wow. OMG. Thanks SFWonderful. This is getting beyond belief.

Quote:
my name really is BJ Radford and I really am the Chief Operating Officer of LakeSide Enterprises, the Cayuga Nation's business arm. I believe strongly in the right for each of us to have our own opinion. I also believe in our right to express that opinion in any polite, ethical and legal manner. I do not choose to express, or discuss mine on this forum. I am willing to provide matters of fact, that I am aware of, for the benefit of anyone who might be interested in the truth. My post contained just that.


Quote:
As background - I am caucasian, an american citizen, and very proud of our military. I have spent most of the last 20 years working for Indian Nations.


I didn't know the Indian Nations had a military?

Quote:
A very good, hard working cashier made an error, as I said. I'm surprised you find that so hard to believe. Scan back through some of the past issues of the Finger Lakes Times. You will see where other cashiers at other stores have made the same error. It is usually on page six and is just a couple of sentences - not front page news.


BJ Radford, Are you trying to tell me that you were unaware of Lee Alcott's action on this issue which caused it to be front page news? I find that impossible to believe.


I am aware of what Lee Alcott said. I said I was an American citizen. I said I was proud of our military. How do you get from those statements to an issue re. indian military?


I mentioned the military half in jest since you seem to be supporting two nations, the USA and the Cayuga nation. A nation divided amongst itself cannot stand. If you knew what Lee Accott said then why did it surprise you that this got so much play in the papers? Front page news is where it deserved to be.


I'm a fan of jest myself. Just how did I express surprise?

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#1003127 --- 04/02/09 02:52 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: bluezone]
BJ Radford Offline
Member

Registered: 03/30/09
Posts: 314
Loc: Geneva
Originally Posted By: bluezone
Originally Posted By: BJ Radford
Glad to state the facts. LakeSide Trading does not collect or remit sales tax. Could you please clarify what you mean by tobacco?


Indirectly, the Cayugas do collect the sales taxes but they fail to send it to the county or the state. The price of gas and cigarettes would be substantially lower but that is how you make large profits.


I suppose that depends on what your definition of sales tax is.

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#1003133 --- 04/02/09 03:11 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: BJ Radford]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: BJ Radford
I'm a fan of jest myself. Just how did I express surprise?


there are facial icons above were you type your post. Pick any expression you desire. \:\) \:\( \:D ;\)
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1003134 --- 04/02/09 03:13 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: BJ Radford]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: BJ Radford


I suppose that depends on what your definition of sales tax is.
If you had to sell gas at $0.03 per gallon above your cost like other gas stations then your gas price would be closer to $1.50 and not $0.05 below other tax paying stations. Your stations gets to pocket the state gas tax. That is the sole reason for your claim to a reservation and /or trust.

The profits for cigs is even greater.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1003135 --- 04/02/09 03:18 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: bluezone]
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
http://www.indianz.com/News/2009/013895.asp

http://www.narf.org/sct/carcieri/decision.pdf

Not wanting to start yet another thread I am posting some information on land trusts for Indian tribes here.

There was a decision by the Supreme Court to deny trust status for the Narrangestt Indians in RI a few weeks ago that is reverberating through Indian Country. That decision has wide ranging effects and in my opinion will preclude the Cayuga and Oneida Nations from gaining trust status on lands they have repurchased. Reason: the Iroquois tribes were not under federal control as required by the IRA of 1934 as they refused to be recognized under that law.

This has stirred the Tribes to action. Political pressure and money is being showered on congress to amend the law to include ANY AND ALL TRIBES THAT ARE RECOGNIZED BY THE BIA AT ANY TIME INCLUDING THOSE AWAITING RECOGNITION. That would allow the 1, 2 or 3 member "nations" to operate casinos and what have you, free of state and most Federal laws that apply to all citizens. If successful in amending thelaw it will circument SCOTUS's decision.

My opinion: I believe it is a travesty of justice and against the US Constitution to grant special privilege to any group. We cannot allow racism (special privilege) to continue to grow in the USA or we risk its demise. We are a nation of Equals. equal rights, laws and taxation. If the Tribes are allowed to separate their governments from the States, the next step is for tribes to unite and challenge the sovereignty of the USA. A Nation divided against it's self will fall.

The House of Representatives are already holding hearings on this matter. Contact your senator and federal representatives and voice your opinion pro or con on this matter.

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#1003139 --- 04/02/09 03:25 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: bluezone]
BJ Radford Offline
Member

Registered: 03/30/09
Posts: 314
Loc: Geneva
Originally Posted By: bluezone
Originally Posted By: BJ Radford
I'm a fan of jest myself. Just how did I express surprise?


there are facial icons above were you type your post. Pick any expression you desire. \:\) \:\( \:D ;\)


Thanks - technology is not my strongest suit.

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#1003142 --- 04/02/09 03:31 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: BJ Radford]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: BJ Radford
Thanks - technology is not my strongest suit.
You have not been on this forum long enough to realize all the features. ;\)
we give "newbies" a learning period
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1003148 --- 04/02/09 03:45 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: grinch]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Originally Posted By: grinch
...There was a decision by the Supreme Court to deny trust status for the Narrangestt Indians in RI a few weeks ago that is reverberating through Indian Country...


Grinch - I agree as the RI tribe "wants" a housing development but one could see it turning into the casino that they desire more. If they want to change IRA then have Congress change the tribes right to have sole casino operations.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1003190 --- 04/02/09 05:45 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: bluezone]
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
Most Tribes use that approach, indicate one thing such as a housing development as their purpose requesting trust status then expand on that by going for casinos and smoke shops.

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#1003194 --- 04/02/09 06:01 PM Re: Judge: Cayugas can't sell tax-free cigarettes [Re: BJ Radford]
SFisWonderful Offline
Senior Member

Registered: 03/30/08
Posts: 1928
Loc: NEW YORK
Originally Posted By: BJ Radford
Originally Posted By: bluezone
Originally Posted By: BJ Radford
I'm a fan of jest myself. Just how did I express surprise?


there are facial icons above were you type your post. Pick any expression you desire. \:\) \:\( \:D ;\)


Thanks - technology is not my strongest suit.

I would say public relations isnt as well, this also applies to the Cayuga Nations, especially with a hothead like Alcott making bold statements. How do you expect public support acting bold and brassy?

YOU are the one that came on here and announced yourself as the chief operating officer of the Cayuga Nation. By doing that, you put yourself in the position of representing the Cayuga Nation and not your own ideas.

FACT:
Lakeside Trading stores and Pullens are not on reservations. As I said before, the simple act of buying a business from someone who followed all applicable NYS laws does not make the land sovereign.

FACT:
You have said pullens COLLECTS and REMITS all NYS sales tax and Lakeside Trading stores do not.

Questions:
-Why would the Cayuga Nation make such a big deal about following the laws for Lakeside but comply with the laws for Pullens?

-You stated they pay and remit NYS sales tax for Pullens, what about the Cayuga County portion?

-Are all the lawsuits about making absurd profits on gas and cigs? If not, then why doesnt Lakeside Trading stores follow the laws as you do with Pullens Towing and Repair? Neither are reservations, as you know, your a smart woman BJ.

Just My Opinions:
-I feel as though the lawsuits and your fight for a sovereign nation are only about making ridiculous profits on gas and cigs.
-The Cayuga Nation could give two craps about its ancestoral heritage as they are exploiting their ancestory to the max in the name of money.
-I would be ashamed to work for such a company, the Cayuga Nation's pity-me ploy has wore out its welcome with many.
-Why do the tribal governments feel the need to keep its people confined to a reservation. There isnt any laws stating they cant join society and make their own way.

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