The American Cancer Society attempted to add its voice Thursday to the federal court debate over the state taxation of Native American cigarette sales.

Lawyers for the organization submitted a “friend of the court” brief to U. S. District Judge Richard J. Arcara, asking him to consider its view that the availability of cheap cigarettes helps to increase the number of people afflicted with lung cancer.

The society said that it and several other health groups — including the American Heart Association and the American Lung Association—want Arcara to consider their legal brief as part of his deliberations on the cigarette tax controversy.

“Though the talk is all about commerce, land claims and sovereignty, this is about how tax-free cigarettes sold through Indian retailers are slowly killing thousands of New Yorkers right now,” said Donald Distasio, CEO of the Cancer Society in New York and New Jersey.

The group estimates that higher cigarette prices would cause 100,000 New Yorkers to quit smoking and says that state revenues could increase by $500 million if the state begins to tax Indian cigarette sales to non-Indians.

Tobacco use is the nation’s most prevalent cause of premature death, and this year, an estimated 25,000 New Yorkers will die because of smoking, the organization said.

“Increasing the cost of cigarettes so fewer people purchase them is a proven public health strategy,” Distasio said.

The legal brief was filed by Buffalo attorney Marc Panepinto, who said his law firm is representing the health groups without legal fees.

Legal disputes are pending before Arcara and also before a state appeals court regarding the state’s efforts to tax cigarette sales by Indian tribes to non-Native Americans.

Arcara on Tuesday issued a temporary restraining order, barring the state from enforcing the law against businesses run by the Seneca and Cayuga tribes for at least a two-week period. Arcara could choose to extend his order for another two weeks.

The judge planned to meet with attorneys in the case Thursday, but he delayed that meeting until 2 p.m. Tuesday.

Meanwhile, a state court injunction that bars enforcement efforts against every tribe in the state will be re-examined by judges from the Fourth Department of the State Appellate Division next Thursday.

Other groups that joined in the Cancer Society’s motion were the American Legacy Foundation and the Campaign for Tobacco-Free Kids.

dherbeck@buffnews.comnull