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NY counties lawmakers declared they plan to bring an appeal to higher court in order to reverse recent ruling, which decided in favor of Cayuga Indian Nation, permitting them to resume sales of tax-free cigarettes at two Indian smoke shops located across the state of New York.

Last week, Rochester Court of Appeals dismissed a decision by a lower court judge to prohibit cigarette sales at two Indian stores, one in Union Springs and the other in Seneca Falls.

However, Ann Smith, spokesman for Cayuga County Attorney declared this week that the county legislature began drafting the notice of appeal to reverse the ruling. Mrs. Smith said that Cayuga legislature considers that Cayuga Indian Nation members use the same services and infrastructure as the remaining part of County population, however they avoid paying the taxes and thus, other people are obliged to pay more to keep everything work.

In November, 2008, Cayuga Police Department agents searched two LakeSide smoke shops operated by the Cayugas tribe and confiscated almost 20,000 cartons of various cigarettes. The Cayuga Tribal Council estimated the losses related to the seizure exceeded $500,000.

Jim White, attorney of Cayuga Tribal Nation said they were delighted to get such decision, which would allow them to resume cigarette sales in two tribal trading centers. He mentioned that every Indian Tribal Nation across America has been entitled to sell their goods without any problem with the local enforcement agencies.

However, NY counties plan to appeal this ruling basing on the fact that the Cayuga tribe has no reservation, so they have to comply with NY state laws.

During the hearing the Cayugas attorney stated that the LakeSide trading centers are located within the former tribal lands that were owned by their ancestors. He said that those lands have historically been a reservation under several federal agreements and the contrary has never been proven.

After the stores were banned from selling cigarettes, they have only been selling petrol and convenience goods. But, almost instantly with Court decision they have resumed cigarette sales. The stores had been selling gas and sundries since the raid. Cigarette sales resumed almost.

The Cayugas attorney declared they plan filling a lawsuit against Cayuga and Seneca counties asking for remuneration for confiscated goods and lost revenue.