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Seneca cigarette sellers get reprieve from law

Published:July 3, 2010, 6:52 AM

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Updated: August 21, 2010, 7:02 AM

Another 140 Seneca Nation cigarette sellers received a temporary reprieve Friday from a federal law that stops the U. S. Postal Service from making commercial deliveries of cigarettes.

U. S. District Judge Richard J. Arcara issued another temporary restraining order, directing federal officials not to enforce the law against businesses associated with the Seneca Fair Trade Association.

The trade association lists several prominent Seneca business people — including Ross John, Richard Jemison, Sally Snow and Maxine Jimerson, a sister of Seneca Nation President Barry E. Snyder Sr. — among its directors and board members.

The group, which says it has about 140 members, asked Arcara on Thursday to declare as unconstitutional the Prevent All Cigarette Trafficking Act, commonly known as the PACT Act.

Daniel B. Moar, a lawyer for the group, contended that it is illegal and unconstitutional to prevent the Postal Service from delivering cigarettes for businesses. He claims Senecaowned businesses will lose more than 3,000 jobs if the PACT Act is enforced.

At this point, members of the Seneca Fair Trade Association and Aaron Pierce, a Seneca businessman who received another temporary restraining order from Arcara earlier this week, are the only businesses in America that are exempt from the law.

Arcara will hear legal arguments Wednesday between attorneys for the Seneca businesses and the U. S. Justice Department.

The law, designed to shut down the nation’s mail order cigarette industry and to stop cigarette businesses from ducking tax payments, took effect Tuesday. It was signed into law by President Obama in late March, after Congress passed it by a wide margin.

Federal officials insist that the PACT Act is constitutional.

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