LEADER KOLB: STATE COURT OF APPEALS GOT IT WRONG, CAYUGA INDIAN NATION IS NOT ABOVE THE LAW

STATEMENT FROM NEW YORK STATE ASSEMBLY REPUBLICAN LEADER BRIAN M. KOLB (R,I,C-CANANDAIGUA):

“I strongly disagreed with today’s 4-3 ruling by the State Court of Appeals that will allow the Cayuga Indian Nation to continue its policy of refusing to collect taxes on its sales of cigarettes to non-Native American Indians. This decision undercuts efforts to ensure a fair and level playing field for all businesses, not just a select few. A fundamental premise of our judicial system is that our laws must be applied on an equal basis. Today’s decision runs contrary to this principle and sends a message that the Cayuga Indian Nation gets a pass and can operate above New York’s laws. I agree wholeheartedly with Judge Pigott’s dissenting opinion that affirmed New York’s power to collect the taxes on cigarettes sold on Native American lands to non-Native American Indians. The Court should have heeded Judge Pigott’s well-reasoned dissent that was based firmly in the law and its equal application.”