Mailing Cigarettes - NY judge won’t lift ban on mailing cigarettes

Buffalo, New York (AP) August 2010

A federal judge in Buffalo won’t suspend enforcement of a new federal law that makes it illegal for retailers to mail cigarettes.

Seneca Indian Nation mail-order businesses hoped Judge Richard Arcara would let them continue to use the mail so they won’t go out of business while they appeal an earlier ruling upholding the mail ban to a higher court.

Bur Arcara on Aug. 12 refused the request, finding the western New York businesses won’t be irreparably harmed because they can find other ways to deliver their products.

The judge also denied a request by government attorneys to freeze, pending appeal, an order that temporarily exempts the Native American businesses from complying with local taxing regulations in the states in which they do business.




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