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House bill would wipe out Indian tobacco industry

By Gale Courey Toensing

WASHINGTON – The House of Representatives recently passed a law that would eliminate the Indian tobacco industry and put thousands of people out of work.

The Prevent All Cigarette Trafficking Act – H.R. 4081 – was passed by Congress Sept. 10 by a vote of 379 – 12. If the bill is approved by the Senate and signed into law by President George W. Bush, it will prohibit the U.S. Postal Service from delivering cigarettes and certain other tobacco products, and put Indian-owned mail order tobacco businesses out of operation.

Philip Morris USA supports PACT Act

Indian Country Today asked Philip Morris USA spokesman David Sutton if the tobacco company wrote the Prevent All Cigarette Trafficking Act, if it supports the bill and whether, if passed, the PACT Act would moot two proposed bills in New York’s Legislature that would also eliminate the Indian tobacco industry (including A-11834, which Sutton said was written by Philip Morris USA).

Sutton sent the following in a prepared statement:

“Philip Morris USA is proud to support the PACT Act. The sale of untaxed and undertaxed cigarettes and smokeless tobacco products remotely – via the Internet, mail or phone – harms legitimate wholesale and retail businesses, consumers and government budgets.

“The PACT Act is an important step toward curbing tax evasion that occurs through Internet and other remote sales by closing gaps in federal law. It makes it a felony to sell cigarettes and smokeless tobacco products on the Internet without first paying taxes owed to the state into which the product is being sold, thus eliminating the unfair price advantage that currently exists for these Internet sellers. It would close other loopholes in current law, expand enforcement and legal remedies, and significantly increase penalties for failing to report interstate sales. To address youth access issues, the PACT Act requires Internet sellers to establish age-verification processes. It also prohibits shipping of these products to consumers through the U.S. Postal Service, and places significant controls on private delivery carriers.

“We encourage the Senate to take swift action in passing this important legislation. It represents a vital opportunity to protect legitimate channels of commerce. The PACT Act is the result of years of bipartisan discussion, and we applaud the sponsors for their efforts to give authorities additional tools needed to crack down on illegal internet sales.”


 
The postal service is the only remaining delivery service available to Indian mail order businesses. In recent years, the National Association of Attorneys General pressured services such as UPS, FedEx and DHL to sign “voluntary” agreements not to transport tobacco.

The PACT Act is racially discriminatory and, therefore, a civil rights violation, according to Thomas Moll, an attorney who represents the Seneca Free Trade Association, a private, nonprofit cooperative association comprised of individuals and businesses licensed by the Seneca Nation of Indians. The association he represents is dedicated to developing commerce and industry within and around the territories of the Seneca Nation in western New York state.

“Based on information I’ve seen, 95 to 98 percent of the mail order tobacco businesses are owned by Indians, so in my view the PACT Act is a racially biased piece of legislation that was intended to eliminate the nationwide Indian mail order tobacco trade.”

H.R. 4081 was sponsored in the House by New York Democratic Rep. Anthony Weiner and co-sponsored by seven congressmen. The bill has been kicking around in various incarnations for a few years and it incorporated provisions from an earlier version called the “Do Not Mail Tobacco Bill” that was sponsored by New York Republican Rep. John McHugh.

The goals of the PACT Act are, in part, to reap the “billions of dollars of lost federal, state and local tobacco tax revenue each year”; stop alleged terrorist organizations from allegedly profiting from trafficking in “illegal cigarettes or counterfeit cigarette tax stamps”; prevent the alleged sale of cigarettes to youth; and eliminate the “unfair competition” to “law-abiding retailers.”

Moll said the claims of links to terrorism and reducing tobacco sales to minors are unsubstantiated and are being used to gain support to eliminate Indian businesses.

“The rallying cry for years was that Indian mail order tobacco businesses were selling cigarettes to kids. As it turns out, every reliable study that’s been done shows that’s not true – that far more cigarettes are sold to kids by the convenience stores that dot the landscape than American Indian businesses.

“I think you would be hard-pressed to find any state that has successfully prosecuted an Indian mail order tobacco business for selling cigarettes to minors.”

There is a similar lack of substantiation for the allegations linking Indian tobacco sales to terrorism, Moll said.

“All of a sudden, the politicians are claiming the Indian mail order businesses supply funds to terrorist groups. Again, there’s absolutely nothing to substantiate those allegations. There have been a couple of instances where individual Indians were involved in some fashion with a person having a tenuous connection to an alleged terrorist group,” but the politicians have seized upon these instances and now paint this entire industry with a broad brush.”

Although the PACT Act asserted that “Hezbollah, Hamas, al-Qaida and other terrorist organizations have profited by trafficking in illegal cigarettes or counterfeit cigarette tax stamps,” neither the act nor New York state politicians who have been making the claim have offered any supporting evidence. [See “Politician’s unsubstantiated Indian tobacco-terrorist link targets Oneida,” Vol. 28, Iss. 10.]

The Indian tobacco trade is estimated to be in the billions of dollars each year, but its elimination will affect more than Indians, Moll said.

“Just in the case of the Seneca Nation there will be thousands of non-Native people unemployed, and that’s going to have a devastating effect in western New York.”

He said the legislation is intended to benefit giant tobacco companies such as Philip Morris USA by increasing their market share. “And if you look at the legislation you’ll see it was drafted and supported by politicians with ties to Philip Morris and the National Association of Convenience Stores. We know that.”

A cursory check on www.opensecrets.org showed that Weiner received a $1,000 donation from the National Association of Convenience Stores during the current 2008 election cycle, and that Virginia Republican Rep. Thomas Davis, who co-sponsored the bill, received $15,000 from the Altria Group, Philip Morris USA’s parent company.

Moll said that the politicians out to quash the Indian tobacco industry make “bold allegations” that the Indian mail order tobacco industry violates state and federal laws, “but they can’t actually prove that a single state or federal law has been violated.”

The PACT Act cites the Jenkins Act, a 1940s-era law that requires retailers who sell cigarettes into interstate commerce to notify that state’s tax department of purchasers’ names and addresses, as well as the number of cigarettes sold, on a monthly basis so that the state can then bill the purchaser for taxes due.

But the Jenkins Act does not apply to businesses licensed by sovereign Indian nations; such businesses are not required to involve themselves in the affairs of foreign governments by helping the states collect their taxes. Even so, several Indian mail order tobacco businesses comply with the law.

“So if the PACT Act was truly about collecting taxes, and not about discriminating against Indians, then it would exempt those businesses that comply with the Jenkins Act,” Moll said.

The bill was universally panned by the 36 readers on www.washingtonwatch.com, a Web site that tracks bills in Congress and their cost to taxpayers.

“This bill is ridiculous. It serves only to force American tobacco users to buy tobacco from the big domestic companies like Philip Morris. Are we sure this bill wasn’t introduced by Big Tobacco?” wrote reader Ben Timpley. “The bill has no edifying or logical purpose in our society and is a prime example of Congress wasting time.”

While the act prohibits the U.S. Postal Service from delivering cigarettes and smokeless tobacco, it provides no such prohibition on the delivery of cigars.

“My personal opinion is that many, many politicians smoke cigars. Cigars have played a great role in political ceremony and many politicians buy their favorite cigars from mail order businesses,” Moll said.

Friday, Oct 30 at 7:24 PM sandy wrote ...

As for secondhand smoke in the air, OSHA has stated outright that: "Field studies of environmental tobacco smoke indicate that under normal conditions, the components in tobacco smoke are diluted below existing Permissible Exposure Levels.It would be very rare to find a workplace with so much smoking that any individual PEL would be exceeded." -Letter From Greg Watchman, Acting Sec'y, OSHA, To Leroy J Pletten, PHD, July 8, 1997 In 1992 EPA published its report, "Respiratory Health Effects.

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Friday, Oct 30 at 7:13 PM harleyrider1978 wrote ...

I will just say it....the democrats in congress are the problem,not tobacco. As soon as the democrat/progressives are gone, the sooner the country can get back to being free and prosperous again.

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Thursday, Jul 16 at 12:44 PM WayUpNorthInAlaska wrote ...

I'm sorry, but I don't want anybody -- Native American or non-Native American -- shipping tobacco through the mail. I work for a tribal health organization and I see the devastation tobacco causes Indian Country. I've also seen tobacco impact my family. You scream about loss of jobs and damage to the economy, but I think the long-term price of what tobacco does to our health is worse than losing a few smoke-shop jobs. We need to find better ways to improve our economy, and improve our health.

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Monday, Jun 1 at 4:30 PM Jack LeVie wrote ...

What more could you expect from the Government that has broken more than 523 treaties and countless promises to the native nations. The major problem here is they [politicians] have stolen from all Americans their futures and retirements and are now forced to find other sources of revenue. It is sad but we must face the facts the politicians are nothing more than ****** who will do anything for money.Our new constitution should read we used to be the people not we the people. Indian forever

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Wednesday, Apr 29 at 2:13 AM greenriverkate wrote ...

Racist and Greed by the whites. This infuriates me to no end. Congress is suppose to protect Natives, not force them into tax collectors. Start doing your job and get off the reservations. Your states are fighting with tribes over the casinos and want more money from them and now cigarrettes. How petty can people get. Leave the Natives alone to sell what they can and make a living. Ya all were screaming about welfare and now that many are working and making a living, you want to take it away.

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Wednesday, Feb 25 at 11:29 AM Anonymous wrote ...

I believe that some people confuse corporate greed with the average American. If you are a Native American a Polish American an African American so on and so on you deserve to be treated with respect.To lump together or catagorize people is shameful. The Native Americans deserve to be able to sell their product.I believe that the Patriot Act is botched legislation and the loop holes left in this bill have been filled in with self serving greed and garbage that victimizes All Americans!Beth Clark

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Monday, Nov 10 at 10:31 PM John wrote ...

The second thing Jeff should realize is that with Homeland Security, the War on Terror, the Patriot Act and the Post 911 world; prosecutors would be parading their list of terrorists using or conspiring with the Tax Evading Injuns if they existed. I have not read of a single account of an actual dollar having been made off of a Native tobacco sale that has funded a terrorist. I'm not saying it hasn't happened, but I would love to see how the U.S. intelligence ranks terrorist fund raising.

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Monday, Nov 10 at 10:19 PM John wrote ...

Jeff, the first thing you need to be assured of is that there has never been a loophole intentionally left open for our benefit. Any economic advantages that we have retained exist only because the feds and states haven't quite figured out how to legally extinguish them. We fight for our autonomy everyday. Any legislation that appears to give us anything are Trojan Horses(like the gaming act)geared to line us up like sheep for the slaughter. The states make a ton of money and our rights dwindle.

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Wednesday, Nov 5 at 4:42 PM Jeff wrote ...

Its not that the U.S. Gov't is trying to flag Native Americans as terrorists. Its that terrorists are exploiting loop holes, intentionally left open for Native Americans, inorder to generate a profit off of the dispairity between the tax rates on and off reservations. They buy the overstock off the reservation at a discount rate, and then sell them for market value on the street. The difference is pocketed and then used to support terrorist initiatives throughout the world

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Tuesday, Oct 14 at 4:25 PM John wrote ...

I wish this legislation would come right out and accuse Native people of trafficking, terrorism and defrauding the state and federal governments of revenue. By failing to mention their intended targets, the legislators believe they keep their hands clean of the racist accusations and consequences of their actions. Democrats accuse Republicans of fear mongering all the while fully engaged in the same. By coming clean perhaps Native people will finally see that we are not a part of their system.

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Wednesday, Oct 8 at 3:58 PM Brian wrote ...

The PACT ACT is partly the result of natives finding an economic base through tobacco. If instead it was the tax free sales of office supplies, you would instead have a office supply trafficking act sponsored by staples or officemax. Natives would be accused of supplying terrorists with paper to draw up plans or laminate for fake ids. This is a slippery slope that will affect all future generations.

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Wednesday, Oct 8 at 12:07 PM A.H. salamanca wrote ...

Well I guess we have seen this whole thing in a sense over and over again. I mean our government has a hand in all of our pockets in some way or another. This is yet another act of power to take. I mean taking our economy and making that a mess must not be enough for them. They now want to take it one more step and rip up our community. I have no support for this to pass. I see jobs trying to be taken and of course as always the big guys that make all the money benefiting.Native Amer. violated!

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Wednesday, Oct 8 at 9:09 AM MAR wrote ...

Congress derives its legislative powers from the United States Constitution. The Constitution does not give Congress the authority to interfere with Indian commerce. Article l, Section 8 [3] of the Constitution permits Congress to "regulate Commerce ... with the Indian Tribes". Congress is not authorized to regulate commerce OF the Indian Tribes. This Bill, because it attempts to regulate the commerce of Indians, is unconstitutional. Shame on each Representative who voted in favor of this Bill.

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Wednesday, Oct 8 at 9:05 AM Anne wrote ...

I am disturbed by the decision of our Representatives to treat cigarettes and smokeless tobacco as "nonmailable matter" under the US Code. The Code section involved is titled "Injurious articles as nonmailable." This section does not make it illegal to mail goods simply because the good in question presents potential health risks to the consumer. Instead, A good is only classified as nonmailable if, under conditions encountered in the mail system, it could be dangerous, eg explosives or poisons.

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Monday, Oct 6 at 7:45 PM Sharon Johnson wrote ...

I am truly surprised that Phillip Morris would support a bill against the Indian tobacco industry since many people who still smoke only do so as they can buy tobacco products at the reservations at a reasonable price, without taxation. If Indian operations cease, I believe many would quit smoking due to higher costs. A large percentage of those now buy at retail outlets quite often if getting to the reservation is not feasable. Phillip Morris's greed could backfire.

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Monday, Oct 6 at 7:30 PM Chachi Tronolone wrote ...

The way i see it, the arguement has weight on both sides. First of all let me say that I think the stuff about minors and terrorists is total BS. Their only purpose IS to gain support from the narrow-minded general public. The way both sides have weight is that many years ago, (only to steal money from smokers) the govt. decided to tax tobacco products. However, Native Americans can't be taxed on the sale of their goods. My vote goes to the Natives on this one.

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Monday, Oct 6 at 10:20 AM Tom wrote ...

John, you and I witnessed the same ugly event this past weekend involving the New York hate group Upstate Citizens for Equality. If 250 cars filled with ignorant white racists circled and threatened an urban black neighborhood, those involved would have been arrested for harassment, however, because their threats were directed at Indian Territory, the small minded racists that staged this event can get away with calling it a "motorcade". This was nothing less than an act of domestic terrorism.

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Monday, Oct 6 at 8:20 AM SS WNY wrote ...

The Seneca Nation has become a true benefactor of the WNY economy. They employ many people and provide real career paths. With future development projects, even more jobs will be available. They are essential to the prosperity of WNY. This bill is yet another kick in the face to the native americans. The Nations are finally seeing some prosperity and they have a positive effect on our local economy. This bill is a racist act to isolate the native americans and to prevent local prosperity.

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Sunday, Oct 5 at 11:30 PM Tom wrote ...

These allegations are as illegitimate as the corrupt capitalistic government that created them. Terrorists?!?! I beg to differ. Why is the United States' economic situation solvable by taking from Native Businesses? Unnecessary Roughness… lets just take 100 giant steps backward.

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Sunday, Oct 5 at 9:04 AM John wrote ...

I had the opportunity, this weekend, to see two hundred car loads of old angry white people expressing their desire to abolish recognition of all Native lands, Treaties and Sovereignty. They beleive that Native people are stealing billions of dollars from hard working law biding, tax paying Americans. This legislation supports their view as does the State legislation geared at shutting down Native businesses. Racism is a mental handicap that punishes those around it.

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Saturday, Oct 4 at 7:03 PM Red wrote ...

According to the PM USA spokesman, this law will curb tax evasion that occurs as a result of online cigarette sales. He suggests that an online seller has an obligation to collect and pay sales taxes "to the state into which the product is being sold." I thought an online retailer is only responsible for collecting sales taxes in those states where the seller has a physical presence. Unless this law is extended to the retail sale of all goods, it discriminates against Native cigarette sales.

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Saturday, Oct 4 at 6:58 PM Herne wrote ...

Is this Bill supported by the same Philip Morris that entered into the Master Settlement Agreement with the States? No wonder state politicians and PM support this bill, the PACT Act seeks to advance the same anti-competitive ideals contained in the illegal compact that is the Master Settlement Agreement. The MSA violates Article I, Section 10 of the US Constitution. This Bill is further proof that greed, corruption, big business and politics go hand in hand. Way to go Congress!

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Friday, Oct 3 at 1:42 PM Steve Graham wrote ...

If you can buy guns, drugs, and other dangerous things by mail why shouldn't I be able to buy cigarettes by mail. This seems like another attack on smokers and their rights. A "Native" smoker

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Friday, Oct 3 at 10:47 AM Joseph wrote ...

Politicians greed created the online cigarette industry by overtaxing a legal product. In these tough economic times I am looking to save every penny, buying cigarettes from Native Americans is one way I save money. America is about freedom, I smoke and I vote, do not legislate away a FREE MARKET and force me to pay high prices at the local store.

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Friday, Oct 3 at 10:41 AM Annie wrote ...

I see nothing good in this for the future if it is passed. More unemployment and welfare! It shows that it's ok for the government to discriminate and break laws. I think that our government has done enough taking from all native americans. I am white and see the amount of people that these businesses employ. The government will take not only native rights away, but many jobs. Many of these businesses are growing and will employ more people in the future. Why take that away?

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Friday, Oct 3 at 10:14 AM unemployed wrote ...

It's time for the politicians to wake up and get their hands out of everyones pockets. This country is falling behind, and we need to get back to what made this country great

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Friday, Oct 3 at 9:42 AM L. Frank Baum on "Indians" 1891 wrote ...

Adopted UCE Mission Statement - "Having wronged them for centuries we had better, in order to protect our civilization, follow it up by one more wrong and wipe these untamed and untamable creatures from the face of the earth. In this lies future safety for our settlers and the soldiers who are under incompetent commands. Otherwise, we may expect future years to be as full of trouble with the redskins as those have been in the past." (Baum is the author of "The Wizard of Oz")

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Friday, Oct 3 at 9:27 AM Karhiio wrote ...

The Federal and State governments should just admit that the policy of segregation still exists when it comes to Native people. Keep the "Indians" on the "reservation" and whites: "keep your distance". Don't buy from the "Indians" and don't let "them" reach off the "reservation". It is even a common expression in the media to refer to someone as having "gone off the reservation" when they have done something wrong or fell out of line somehow. Global economy = good. Reservation economy = bad.

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Friday, Oct 3 at 8:39 AM Chuck wrote ...

It's hard to believe that in this time of crisis and economic meltdown, that certain congressmen could take it upon themselves, with the aid of Philip Morris, to ask the american people to not only support this bill, but pay for it as well. The cost to implement this bill is $120 million a year over the next 4 years. So not only are people losing their life savings and their employment because of the economic meltdown, but now they are being asked to pay for a bill that is discriminatory!

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Friday, Oct 3 at 8:08 AM single mom wrote ...

I count on my employment (which is native owned) to pay rent, bills, and get food on the table. The native owned businesses employ many people. We have not only the cigarette companies, but they have many people in the casino and hotels all are native owned and employing many white people. I see no legitimate reason for our government to try to take one more thing from native americans. This is a right that they have and that benefits many people. I have to ask who are they really helping?

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Friday, Oct 3 at 7:58 AM Ann wrote ...

I work for a native mail order, and I think our government has done enough to mess up the economy. I see no valid reason for the government to do this. It is discrimination against native americans as a whole if this is passed. Our jobs will be taken away and those who can't find work will just be another cost to our government, having to collect unemployment or turn to the welfare system for help. So i guess I would wonder where the benefits would be?

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Thursday, Oct 2 at 9:37 PM Justin K wrote ...

Yes, racism does exist and it is proven by this Pact Act which illustrates the Congress and Senate does not know anything about Native American economies. WHY isn't the Native American people raising a big rukus to fight this. What is anyone doing to fight this Bill? Is everyone going to let it happen. Who is making the trip to DC to stop this? Is there groups going to lobby this? I would like to know.

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Thursday, Oct 2 at 9:34 PM Dillon Cheyney wrote ...

I live in New York and purchase Seneca brand cigarettes by mail from a Seneca mail order smoke store. When I placed my first order the customer service rep explained to me that I would owe New York taxes on my purchase and directed me to the New York Tax Dept website to download the forms I would need to pay the New York taxes. I did this and paid the taxes. As a consumer I like convenience. There is nothing more convenient than online ordering and postal delivery. I don't understand this bill.

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Thursday, Oct 2 at 9:29 PM Don H wrote ...

When the US destroys an economy of a foreign nation, they then pour millions of dollars into that economy to re-build it. The US will destroy the Native economy and think nothing of it leaving many unemployed and a shattered economy. I agree with the t-shirt that says" Fighting terrorism since 1492". Go figure.

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Thursday, Oct 2 at 12:58 PM Moira wrote ...

I can't believe that we're letting corporations write legislation that is taking away the rights of Natives and non-Natives alike. It is astonishing and disheartening that politicians with agendas tell us how we can spend our money and are taking away our right to purchase legal products. I think everyone should fear the precedent we are setting by allowing this. What's next?

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Thursday, Oct 2 at 12:10 PM Heron Clan wrote ...

This Bill is absolutely and out right discriminatiory and to be blunt, racist. Its only objective is to put Native American Indians out of business. This Bill should never pass the Senate. DISCRIMINATION IS AGAINST THE LAW!!!!!!!!

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Thursday, Oct 2 at 10:49 AM PJ wrote ...

Like many of the others sharing their opinion, I too am concerned about too much government control, too much lobbyism by corporate America thereby controlling our elected politicians, and unfair taxing. Yet, to me, this legislation has one purpose: To discriminate against Native Americans. Have our politicians learned nothing from the autrocities of our past? When will our persecution of these peoples end?

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Thursday, Oct 2 at 8:19 AM John wrote ...

Laissez Faire: An economic doctrine that opposes governmental regulation of or interference in commerce beyond the minimum necessary for a free-enterprise system to operate according to its own economic laws. Noninterference in the affairs of others. This doctrine created the environment for the American economy to develop for better or worse. Federal and state regulations were borne out correcting the sins of American businesses only after the economy had a chance to develop.

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Thursday, Oct 2 at 5:07 AM SCOTT M. wrote ...

I am a smoker and even though I wish I wasnt nor do I as a nurse promote smoking this is not the issue at hand. The big picture is the government putting in thier power towards issues that they have no business in. I happen to live close enough to an Indian cigarette retailer so I can easily buy mine at what I consider a fair price, not the overly taxed price alot of people pay in the local stores; why should every american who chooses to smoke not have the same opportunity as me? wallstreet????

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Wednesday, Oct 1 at 11:19 PM Employed by Native Americans wrote ...

This is absolutely insane for congress and big wig PM to be doing this to the native americans!This affects all americans!Thought this was a free country where all people our supposed to be treated equally with out pregudose?If this bill passes maybe congress should consider how long the unemployment lines going to be!Hey maybe PM can chip in and help out with wellfare costs when thousands of people are out of jobs non-native and native americans alike.Where's their money going to go then?

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Wednesday, Oct 1 at 9:12 PM Gail wrote ...

Again we are being forced to affix state tax stamps on all cigarettes sold on tribal land. It then becomes our responsibility to request a refund on cigarettes sold to tribal members. It also becomes our responsibility to discriminate against native people, and non-native people. We are placed in an awkward and unconfortable position because we have to question people regarding to their native status. This has similarity to the identification process of wearing yellow stars during the 1940's.

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Wednesday, Oct 1 at 8:56 PM A Mohawk wrote ...

It is pretty well established that when a product is purchased via a mail order or on-line that the point of purchase is where the money is exchanged. In the case of the Native mail order cigarette businesses those purchases are made on Native land. The USPS is merely the delivery mechanism for a legally purchased product. Purchasing product from a place other than where the product is consumed does not absolve the consumer of tax liability. That is between the consumer and the tax man. Not us.

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Wednesday, Oct 1 at 5:53 PM Tuesday October 1, at 6:45pm Pat wrote ...

I own a smokeshop on Seneca Territory. Approximately 70% of all tobacco products sold on Seneca Territory are sold by our licensed mail order/internet businesses. These Seneca business owners worked long hours, invested considerable capital, and incorporated the latest technologies to perfect this business model. Because Seneca mail order/internet businesses promote and sell cigarettes made by Indian and Fourth Tier tobacco manufacturers, PM USA's market share is reduced. This the issue.

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Wednesday, Oct 1 at 4:04 PM John wrote ...

If you drive down interstate 81 below Binghamton, NY as you cross into Pennsylvania, the first exit is for Halstead. As soon as you exit, there are a half dozen smoke shops. These are not native owned and they are not on native controlled land. These stores cater specifically to New York residents. They are exploiting the PA tax advantage and the proximity to the NYS border. I'm not sure if any of these shops support terrorism but certainly doubt they are be accused of it.

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Wednesday, Oct 1 at 3:56 PM Joe Harter wrote ...

I am a Seneca Indian and own a smoke shop on Seneca Territory. I do not condone acts of terrorism or provide support to terrorist organizations; I do not sell cigarettes to kids; nor do I advise my customers that their cigarettes are "tax free". More than 65% of my employees are non-Indian and reside in New York. If this racist Bill is passed, I will be forced to layoff my entire staff and my loyal customers will no longer be able to have their favorite cigarettes mailed to their front door.

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Wednesday, Oct 1 at 3:28 PM Linda Pirrami wrote ...

I disagree with this Bill. Leave the Indians alone.

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Wednesday, Oct 1 at 1:50 PM Anti- terrorist wrote ...

i find it amazing that in this day and age of anti- racism, anti corruption, and political correctness, that politicians can openly promise to "go after" Native businesses that are prospering after everything else has been taken from them by the same elected white foreign governments

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Wednesday, Oct 1 at 1:47 PM Lisa B wrote ...

Unless we all stand up against corporate greed, corruption and narcissistic, self serving politicians, terrorists like Philip Morris will continue to steal rights from Native People and anyone else who "gets in the way".

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Wednesday, Oct 1 at 12:16 PM Mark wrote ...

Well just another case of the good old boys club using government influnce to line their own pockets. Native American sales represent a very small part of the market and Natives depend on these sales for the welfare of their communities. Why in the name of all humanity would we want to deny them the vehicle to help themself.

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Wednesday, Oct 1 at 10:55 AM Mel wrote ...

And the monster rears it's ugly head yet again! Pay attention people of this world, you too are next! All of the reasons that you find this Nation "Great" and "Free" as well as your treasured "Civil Liberties'" are about to be attacked. Do you realize that this hurts you as much as it hurts the Native Americans who live "forever free" on there little slice of home you call the Reservations? Native American Peoples are not New York State Tax Collectors and Never Will Be!

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Wednesday, Oct 1 at 10:31 AM Justin wrote ...

NACS and PM USA don't want to "level the playing field" they want Native American business people thrown out of "the game" entirely. The PACT Act is just one more piece of legislative propaganda designed by these special interest groups to discriminate against Native people while totalling disregading their rights and priveleges.

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Wednesday, Oct 1 at 9:00 AM mark s wrote ...

Honor the Treaty. PACT Act is bias and exposes the greed of big tobacco and congress at its best.

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Wednesday, Oct 1 at 12:00 AM CHLOE wrote ...

GRANDMA FIGHT FOR OUR RIGHTS. OUR PEOPLE ARE BEING ECONOMICALLY DISCRIMINATED AGAINST. WHEN I GROW UP I WANT TO BE ABLE TO HAVE A CHANCE TO LIVE THE NATIVE AMERICAN DREAM. REMEMBER TO MAKE DECISIONS THAT CONSIDER THE NEXT SEVEN GENERATIONS OF THOSE YET UNBORN!

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Tuesday, Sep 30 at 11:51 PM WILLIE wrote ...

IF PHILIP MORRIS CAN CONJURE UP A BILL TO THIS MAGNITUDE WHY DON'T THE POLITICIANS GET PHILIP MORRIS TO BAIL OUT THE BANKS AND FIX THIS ECONOMICALLY DEPRESSED NATION!

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Tuesday, Sep 30 at 11:47 PM SALLY wrote ...

DO A LITTLE RESEARCH FIND OUT HOW MANY GROCERY STORES, CAR DEALERSHIPS, CLOTHING STORES, BEER/LIQUOR STORES, WALMARTS, SAMS CLUBS, BJ'S, NAPPA'S, SEARS, JCPENNEY, RESTAURANTS, REED'S JEWELERS, ENTERTAINMENT COMPLEXES, BANKS, TIM HORTON'S, REGAL CINEMAS ARE LOCATED ON TERRITORIES. JUST ABOUT NONE! ALL OUR MONEY GOES OFF TERRITORY! I'D START WORRYING WHEN WE QUIT SPENDING ALL OUR MONEY OFF TERRITORY! HONOR THE TREATIES OR GIVE US BACK OUR LAND AND YOU CAN HAVE YOUR PIECE OF PAPER(TREATY) BACK!

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Tuesday, Sep 30 at 11:35 PM SALLY wrote ...

OUR ANCESTORS ARE TURNING OVER IN THEIR GRAVES! WE NEED ALL OUR INDIGENOUS PEOPLE/AND FRIENDS TO STAND TOGETHER AND FIGHT ANY LEGISLATION THAT WILL HARM OUR LOCAL ECONOMIES AND THEIR NEIGHBORING COMMUNITIES. IF THIS BILL PASSES WHERE WILL ALL THE EMPLOYEES GET THEIR CHECKS FROM? NYS UNEMPLOYMENT LINE! WHO IS GOING TO OFFER THEM THEIR NEXT JOB? PEOPLE HAVE COME TO THE TERRITORIES BECAUSE THERE IS NO WORK FOR THEM OFF THE TERRITORIES.

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Tuesday, Sep 30 at 11:11 PM Judi wrote ...

It appears that the Senecas are being discriminated against. Passing such a bill against the transportation of tobacco by the Native Americans would only benefit the larger corporations, like Phillip Morris. This bill should not be passed. Especially in Western New York where so many people have had to leave due to lack of employment, passing this bill would just take away more jobs and harm the Native Americans.

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Tuesday, Sep 30 at 8:24 PM Thomas wrote ...

The Philip Morris Corporation is so greedy that it resorts to racism and this is unacceptable and flawed to the core. Let Native Americans carry on with their commerce to atone for our sins against them over this last century. We broke their spirit and now we desire to make them starve by proposing such a bill. Shame on us.

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Tuesday, Sep 30 at 8:10 PM Jenn wrote ...

This bill is ridiculous. Tobacco is a legal product but Congress only wants to restrict its delivery because their friends at Phillip Morris don't make as much money if they have competition from mail-order sellers. The fact that our elected officials are willing to wrap themselves in the flag and pretend they are trying to stop terrorism to give satisfy their friends at Phillip Morris is insulting to ALL Americans.

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Tuesday, Sep 30 at 8:06 PM Beth from Maryland wrote ...

The politicians who sponsored the Bill and PM USA convinced other politicians to vote in favor of the Bill by making false, unsubstantiated claims that Indian tobacco businesses provide financial support to terrorist organizations. US politicians have very short memories; they forget that the original terrorists were the European colonists who invaded these shores, who stole Indian lands and murdered innocent Indian people all in the name of European colonialism. Vote NO on this Bill

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Tuesday, Sep 30 at 6:32 PM shoran baez wrote ...

THIS IS STUPID THESE PEOPLE ALREADY HAVE TAKEN SO MUCH FROM NATIVE AMERICAN INDIANS, NOW THAT THE STATE IS SUFFERING WITH THE ECONOMY YOU HAVE TO GO AFTER THE INDIANS ALL OVER AGAIN TO PAY OUT YOUR DEBTS. PLEASE FOR ONCE LEAVE THE AMERICAN INDIANS ALONE.

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Tuesday, Sep 30 at 5:48 PM Phil wrote ...

Do not pass the bill - it is unfair to Native American business owners. They deserve a chance considering what their ancestors have been through.

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Tuesday, Sep 30 at 5:04 PM Dan wrote ...

There will be an impact felt by WNY, specifically the areas around the two territories, Salamanca, and the city of Buffalo. While greed causes billions of dollars in loss on Wall Street, the focus becomes a racial issue to try to bully a select few with legitimate rights. Note that the people trying to make the collection of taxes possible are indeed the very same people who made it possible for the mess they are in to exist in the first place, by their own failures and shortcomings.

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Tuesday, Sep 30 at 4:15 PM Karhiio wrote ...

Our smoke shops should cease selling Philip Morris product or at very least raise the prices on them to drive consumers toward the native manufactured products. Big Tobacco has become as much the enemy on this issue as the convenient store lobby and the politicians bought by them. The only small businesses hurt by this legislation are native owned. The corporations that dominate the convenient store industry can place their stores in any state or county that provide the best market advantage.

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Tuesday, Sep 30 at 4:12 PM watson wrote ...

Since when does an illicit operation care about breaking the law? Only legitimate businesses will be punished by this type of legislation.

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Tuesday, Sep 30 at 4:10 PM Terri wrote ...

We have been trading commodities for centuries. Now I suppose we will be blamed for higher postage rates if the USPS is not allowed to deliver our commodities. Just another example of corporate greed! Our stores and businesses employ a lot of non-natives and we have a signficant impact on the local economies - since we do not have our own supermarkets, superstores, etc. on our territories, we have to make our purchases off territory. Just leave us alone.

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Tuesday, Sep 30 at 3:48 PM Gary J wrote ...

Stop taking money away from American Indians. These Tribes need this money and just goes to show you that "American Cigarette Companies" have a puppet in Congress.

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Tuesday, Sep 30 at 3:43 PM BF in Niagara Falls wrote ...

NYS and the Federal Government seem to forget quickly that land was stolen from the Native Americans. Now, because they are making their own money instead of relying on government funds, they want a piece. Ridiculous!

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Tuesday, Sep 30 at 3:39 PM robert sinicropi wrote ...

Shame on Phillip Morris for not being good corperate citizens. The Native Americans are producing their own tobacco products and selling them as well as first teir PM products. Yes they are selling them through intrenet sales as well as mail order. A good business model. If they are stunted and put out of business watch out all you internet buyers. Amazon,Overstock,Ebay yes and even your favorite garden supplier will be next..they have to be to make this fair. Call your reps and senators ASAP!

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Tuesday, Sep 30 at 3:17 PM Tiffany WNY wrote ...

Wow another way the government is trying to take from the native americans, when will it all stop. Just another way to have people stop paying attention to the larger issues of this region.

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Tuesday, Sep 30 at 3:14 PM Jason wrote ...

I completely support the Indians' rights to sell their mail-order tobacco. The delivery of cigarettes through the US mail system does not present a risk of harm to postal employees or equipment. The fact that our elected officials have spent considerable time conspiring with Philip Morris to completely eliminate an industry that Native Americans have made profitable is just plain wrong.

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Tuesday, Sep 30 at 3:09 PM Amanda wrote ...

Unreal...and it's amazing if you consider how many people are most likely unaware of this ridiculous proposed bill. I didn't realize we were living in China. Government regulation or the attempt thereof is getting a little annoying. Until this country declares tobacco illegal, leave smokers and mail-order Indian nations alone!

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Tuesday, Sep 30 at 3:02 PM Jane wrote ...

How much more can the US government do to discriminate against Native Americans? This bill is another example in a long list of broken promises by our government to Native American nations. We should be concentrating on solving our far larger issues and problems, instead of trying to shut down a viable business that employs both native and non-native Americans.

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Tuesday, Sep 30 at 2:59 PM Still smoking wrote ...

Although I agree that cigarrettes should NOT be mailed as you never know what hands it will get into, rolling your own tobacco should be your choice. You can make wine and beer at home... why not cigarrettes?

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Tuesday, Sep 30 at 2:59 PM Lisa Marshall wrote ...

I wholeheartedly support Native American rights to sell their mail-order tobacco. I am a non-smoker, but am 100% supportive to their economic development. I disagree with this bill. Honor Our Treaties!

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Tuesday, Sep 30 at 1:59 PM John Kane wrote ...

The states that big tobacco operate in have the lowest state sales and excise taxes in the country. There are far more cigarettes purchased in the low tax states for use and consumption in the over taxed states. Native commerce is legitimate. If there are non-native people using our tax advantage for unscrupulous purposes then why isn't there a laundry list of prosecutions paraded through the media. This is about racism, creating scapegoats and distraction from real issues facing the americans.

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Tuesday, Sep 30 at 1:37 PM magster67 wrote ...

Keep mailing tobacco and rolling your own cigarettes LEGAL. The Native Americans have a right to make a profit - it can't all go to Philip Morris, etc. I'm not even a smoker, but I know this legislation is ludicrous!!!

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Tuesday, Sep 30 at 1:34 PM Seneca Entreprenuer wrote ...

The attempts to distroy tobacco business on Native territories by the Federal and State government are a waste of time and taxpayers money. Native entreprenuers are a vital piece of many local economies by the number of people they employ and how and where these employees spent their well earned incomes - off native territories in neighboring non native communities. Forcing these business to shut down will have a negative impact on unemployment rates and on local economies

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Tuesday, Sep 30 at 1:10 PM Brooke wrote ...

Native people are being attacked for whatever woes the American government. Now Natives are responsible for cancer and terrorism. Are we also to blame for the gross mismanagement of money on Wall Street? NYS says they will be recouping all the taxes lost, what they don't say is that all these businesses will disappear. There will not be any taxes to collect from us because our businesses won't exist anymore. It's all a ploy to destroy our economy. We are the new Iraq.

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Tuesday, Sep 30 at 1:05 PM ken stanger wrote ...

tobacco in its original form was an herb for use as a medicine, traditional, and pleasure to smoke with a friend or enemy. Tobacco today is unhealthy and other than taxation into the government has no other basic use in our society. Indian tobacco does not contain any additives and is true tobacco, if this type of smoking use will save one victim of throat cancer than let them continue selling the product.

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Tuesday, Sep 30 at 12:44 PM Linda wrote ...

I completely support the Indians' rights to sell their mail-order tobacco. The delivery of cigarettes through the US mail system does not present a risk of harm to postal employees or equipment. The fact that our elected officials have spent considerable time conspiring with Philip Morris to completely eliminate an industry that Native Americans have made profitable is just plain wrong.

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Tuesday, Sep 30 at 12:43 PM Anne wrote ...

I find it hard to beleive our elected politicians are taking time to consider such non-critical issues (no offense to the Native Americans who are clearly being discriminated against), when our country is going through a devastating financial calamity where our stock market is tanking, investors are losing millions, people are losing jobs, and our retirees are losing pensions. Ya know why, because Philip Morris is lining THEIR pockets.

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Tuesday, Sep 30 at 11:50 AM Steve Witkowski wrote ...

Is the government trying to promote welfare and unemployment? Everyone knows that native businesses employ non-natives as well. Can we all really afford to support more out of work people, including postal workers? Will this cause the price of stamps to increase as well, since there will be a significant drop in postal revenue? Think about it...

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Tuesday, Sep 30 at 11:45 AM Ace Johnson wrote ...

As a member of the Seneca Nation of Indians, I am appalled at the persistent actions of politicians to find ways to try to infiltrate our growing, sovereign economy. Maybe, instead of fighting with us, you could learn from us.

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Tuesday, Sep 30 at 11:42 AM Debbie from NY wrote ...

Just another way to put a band-aid on the larger issues in Washington and New York. Someone needs to end this form of legal discrimination against Native Americans and tobacco users!

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Tuesday, Sep 30 at 11:38 AM Janelle Pedulla wrote ...

What a back-handed way to slap sovereign businesses!! The USPS enjoys the millions in revenue that mail-order tobacco shops contribute each year and to my knowledge, does not support this effort. Another point...would alcohol still be legal to ship if this becomes law? Since they are so worried about underage smokers, what about underage drinkers?

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Tuesday, Sep 30 at 11:28 AM Terry Dean wrote ...

The convenience stores are pushing this issue because they want to sell more cigarettes and don't think it's a fair playing field. What else is there on the reservations? I don't see big malls or Grocery Store chains. Treaties were signed with the Federal Government. We pay our Federal taxes. Many people will lose their jobs if this bill is signed. Is the State going to compensate for their loss? The state needs to quit wasting taxes, trying to break Federal Treaties.BREAK A TREATY, BREAK A LAW

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Tuesday, Sep 30 at 11:13 AM Single seneca dad making ends meet wrote ...

Politicians and big business have corrupted our nation. Lobbyism seems like the only way to get lawmakers attention, greed fuels their lives. Have them stand in our shoes. It took us hundreds of years to get where we're at, we should be at the top of the 'food chain', and we continually have our rights and freedom's attacked. We are not the solution to your problem! HONOR OUR TREATIES! Honor yourselves!

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Tuesday, Sep 30 at 11:07 AM DAN CONTINUED 3 wrote ...

This is a small community of businesses and has to be preserved.Does it make sense to just let them go out of business? Who would gain from this? How would that benefit the community? If any legislation is passed forbidding the mailing of Native sales of tobacco, the courts should really look into what influenced the vote. In my opinion, it all comes down to the pun, “we have the best elected officials money can buy”. Hmmmmm , there may be some truth to that. My gripe is done,thank you.

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Tuesday, Sep 30 at 11:02 AM DAN CONTIUED 2 wrote ...

Not only the Natives themselves, but for all the people they employ. I myself, have a total of 25 employees, 18 of which are non-native. These people would now be on the unemployment/welfare rolls, adding to the burden of County and New York State taxpayers. This is only 25. Multiply that by how many businesses that would be affected, that will be a serious problem arising. What is it going to take to before the elected officials realize what domino effect the passing of this bill will do?

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Tuesday, Sep 30 at 10:58 AM DAN - CONTINUED wrote ...

What happened to the “American Dream”? Native people are trying to very hard to provide for their families and their people just so they can have a brighter future than what they had. And now with current legislation being presented, it appears that the elected officials are not looking at the whole picture or ramifications of passing this bill. Not only will it shut down many mail order shops across the Territories, but will also create vast unemployment. Continued....

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Tuesday, Sep 30 at 10:49 AM Scott wrote ...

Reasonable regulation could be appropriately acheived. Hoever, killing a competative segment of the industry is obsurd. This is a legal product through a legatimate means of distribution. With proper regulation the "mail order" is a better means of distribution. Far more controls in place than your typical face to face transation. Making tobacco products "non mailable" is not the answer!

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Tuesday, Sep 30 at 8:17 AM Tom Moll wrote ...

This Bill is further evidence that elected officials flagrantly disregard consumer choice. These Indian businesses sell cigarettes to consumers who live througout the Country. Since most of these consumers do not live in close proximity to Indian mail order businesses, the consumer must rely on the US mail system to deliver their tobacco products. This Bill effectively prevents a consumer from buying Indian and Fourth Tier cigarettes because these cigarettes are not available in local stores.

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Tuesday, Sep 30 at 7:32 AM Debbie C. wrote ...

How is it that Congress has the authority to make a legal product nonmailable? While cigarettes may be harmful to the actual consumer, the delivery of cigarettes through the US mail system does not present a risk of harm to postal employees or equipment. The fact that our elected officials have spent considerable time and energy conspiring with Philip Morris to completely eliminate an industry that Native Americans have made profitable is just plain wrong.

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Monday, Sep 29 at 1:21 PM Kenneth Hahn wrote ...

As with so many things, this bill smacks of large corporations squeezing the little guy out of business. This would limit the nations to small regioal distribution, which is just what Phillip-Morris wants. It would produce what amounts to a monopoly. This bill SHOULD NOT be passed.

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Monday, Sep 29 at 12:22 PM richard brisbois wrote ...

One might as well expect the rivers to run backwards then to believe that Phillip Morris (or the U.S. government) will behave honorably unless coerced to do so. This is just another front on their continuing war against Indian rights.

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Monday, Sep 29 at 11:33 AM Lisa Abel wrote ...

Yet another example of corporate greed and corruption. Outrageous. Stop this legislation.

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Monday, Sep 29 at 11:14 AM Kate Brisbois wrote ...

The real Terrorists here are the shamelessly greedy tobacco companies and the equally morally bankrupt politicians they have in their pockets. This is just another attempt by the original "terrorists" to keep Native people down. We need to do our part by fighting back and by voting for politicians who do not have an anti-Native agenda.

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Monday, Sep 29 at 10:54 AM Laura wrote ...

It seems evident that Big Tobacco is behind this bill, and their aim is to put Native Americans out of business and acquire their market share. Under the guise of protecting citizens and keeping ciagettes out of the hands of minors they are decimating the economy of the whole area, even though those allegations are unproven and inflated to suit their purposes. Money is behind it, plain and simple.

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Monday, Sep 29 at 10:18 AM Paul Pierce wrote ...

Since when does Philip Morris care about tax collection?, or sales of cigarettes to minors, which really only happens at local convenient stores? Their true reason behind their support for the Pact Act and other similar legisaltion (FDA Bill) is there desire to control and dominate the entire market. They only want their products sold and displayed on shelves, at prices they will only control. Once they remove the Native's legitimate online sales, they will have whats called a monopoly.

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Sunday, Sep 28 at 1:04 AM Sandra H wrote ...

Politicians need to be educated on the economics of native territories. For the first time we can feed our families and the pact act will devastate this economy and put many people out of a job. NACS has continuously lobbied to extinct Native businesses. The US has built an economy for 200 years and the Native have only begun to build an economy in the last 20 years and the U.S. will take it away by passing the Pact Act. Will the U.S. give grants to rebuild our economy? I doubt it.

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Saturday, Sep 27 at 11:48 AM DAN wrote ...

It is really a disgrace to be growing up in this so called democracy era. With the government always trying to pry into matters and change the “playing rules“ that have been established many, many years ago just to suit their needs. What happened to free enterprise? It appears in my eyes that it revolves around the all mighty dollar. With Phillip Morris’s involvement to help pass law(s) to prevent Native tobacco sales, it looks more like a struggle to become a monopoly. Continued....

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Saturday, Sep 27 at 6:15 AM Christa wrote ...

I completely support the Indians' rights to sell their mail-order tobacco. Haven't they had enough taken from them? I completely oppose this bill, it is racially motivated and yet another example of what's wrong with America. Big business rules, and because of that everyone else loses. Philip Morris supports it? Of course they do, more profit for then! No to the bill!

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Friday, Sep 26 at 10:19 PM Anonymous wrote ...

Knock-off purses fund terrorism...not cigarettes! WNY can not afford to lose any more jobs.

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Friday, Sep 26 at 8:26 AM Nikki Seneca wrote ...

Ask your politicians to stop wasting your tax dollars on this ridiculous bill. If this passes the economy will suffer even more our money is spent off the reservation and we employ many non native people. Tell your politicians to do something worth while like BRING OUR TROOPS HOME!& Stop wasting your tax dollars for the benefit of "Big Tobacco"

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Friday, Sep 26 at 6:49 AM Al Silvernail wrote ...

Where does it stop. 500 years ago it was our land they wanted, and they got it. Today they want our money, and for what? To do the same thing they did when they first came over on the big boat. They need our resources to fix their problems, and they will do anything they can to get what they want. Sounds like history repeating itself to me. Only this time we are ready to fight! We will be tax free as long as the grass grows and the rivers flow. BREAK A TREATY, BREAK THE LAW!

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Thursday, Sep 25 at 1:11 PM Debra wrote ...

It does sound racial, just another way the US is stealing from the Native Americans. Tobacco is used in certain Native American Religions!! Why is the white ethics allowed to ship/mail out their tobacco products and not the Native Americans!!! That is also right about the cigars...why isn't that included. Was there any discussion with the Native American Tobacco Company owners about this racial issue or just a bill to discredit the Native Americans even more????

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Thursday, Sep 25 at 3:05 AM Phyllis Warren wrote ...

Greed by the "American" tobacco companies. The best thing to do now would be for all smokers to quit--boycott, but, alas, that will not be. Signed: A smoker of Seneca cigarettes.

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