PACT Act Still in Holding Pattern

"A federal judge in Buffalo has ruled that Seneca tax-free cigarette retailers can continue to fulfill mail-orders while they fight a new federal law banning the practice.   The ruling by U.S. District Court Judge Richard Arcara extends a temporary restraining order until July 30th. "  More KUDOS to Judge Arcara.  A fundamental rule of law is maintaining the status quo, keeping things AS THEY ARE, while people resolve disputes in the courts.

"Trial court judges seriously considering constitutional challenges.  I just get thrill chills when they do that!  Keep that up judges.  Send those legislators the message that they need to read and consider the US Constitution BEFORE they vote OR ELSE.  It's really time for the judges to tell legislators what scofflaws they are.  May I suggest the liberal use of terms like malfeasance, misfeasance, and nonfeasance?"

"Attorney Lisa Copolla argued that Congress is comandeering state statutes with the newly signed law.   It requires Seneca retailers comply with nearly 6,000 state and local statutes across the country according to Seneca Free Trade Association Attorney Howard Radzley.   He called the PACT Act "an insurmountable burden." Any violation of a local statute could lead to 3 years in federal prison. "  Yep and it's all about dictatorial control.  I thought I'd never see the day my country would go to such lengths and I'm a little sorry to be living to see it happen.

"The Seneca Smoke Shop's Copolla also argued that the PACT Act is discriminatory because of repeated references by Congress for the need to stop illicit trafficking by Native American retailers. "  There's absolutely no doubt in my mind that this is a big part of the issue too.  Every time Native Americans find a profitable business, the US Feds do their best to crush it.

"The government's counsel, Gerald Kell, said states are losing billions of dollars in tax revenue to Native American retailers.  And Kell said tax-free cigarettes sold over the Internet eliminate fair competition for small businesses. "  BOTH those arguments are just plain specious and sound very much like fraud upon the court and the public to my ear.  The federal and state authorities do next to nothing, squat, about eBay and the and other internet and mail order sales.  Internet sales of cigarettes account for a tiny portion of E commerce.  If it was about tax revenue or local competition, the Feds would have outlawed all internet products being shipped through USPS but that simply isn't what the PACT Act or cigarette taxes are about.

"By avoiding taxes, smokers pay lower prices for tobacco, which diminishes their incentive to either quit smoking or to reduce the amount they smoke. It is estimated that if all smokers in New York paid state cigarette taxes, there would be a 2 percent to 3 percent reduction in smoking in New York State."  It's ALL about controlling and dictating the behavior of adults and, in this case, the Federal Legislature's ongoing war against Native Americans.  Both are grossly inappropriate goals for in this nation of freedom and rights.

"A 2002 New York State law makes it illegal for common carriers such as Fed EX, UPS and DHL to ship cigarettes to New York addresses, except to a retailer licensed to sell cigarettes."  Can you say protectionist? Controlling?  What's next, the Christmas holiday baskets filled with chocolates and other goodies?  I wish I were joking but I'm not.  With mandated federal health insurance, you can expect a LOT more dictating of our behavior.

Shame, shame, SHAME on Fed Ex, UPS, and DHL for not making the ongoing attempts to restrict shipping a big PR issue and for not fighting back.

and SHAME on the media for the lack of coverage of this case!

KUDOS again to Seneca Smokeshop for this court battle on all our behaves and on behalf of freedom.

Personally, I'm still Mad as Hell, tired of having to fight like hell to try to maintain the status quo while the outrageous new dictatorial laws just keep coming down from on high and some people, usually frothing activists, use them to run over other people.

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