Council News - November 2009
Greetings to you and your families. We hope you are all well and enjoying the fall season. The Nation Council wishes you all a Happy Thanksgiving.
The Nation Council has been actively reviewing recent decisions from the state and federal courts on the issues of land into trust and cigarette litigation.
The Oneida’s recently got a decision on their land into trust application. This decision was in favor
of the Oneidas although the state and the counties said the Oneidas had no right asking for the Department of Interior to take 13,000 acres of land into trust for them. The state and counties are also saying that we have no right asking for land into trust. Their position is that this is a process for Indians west of the Mississippi and is not intended for the heavy populated area of the East.
We are also watching and have a direct involvement with the cigarette case called the Golden Feather Case of Long Island. This case deals with the city of New York suing a Long Island tribe for smuggling cigarettes into New York City and selling them.
How does this impact us and our case? In October, Seneca and Cayuga County won the right to appeal to the state highest court and will attempt to have the most recent favorable decision reversed. As we understand the court system in New York, the courts might consolidate the two cases - ours and Long Island, since they both involve 471e. - the state law that says we cannot sell cigarettes because it is illegal.
However, the Cayuga Nation has directed our attorneys to fight the consolidation because the
two cases are totally different for three important reasons:
1.The Cayuga Nation is a federally recognized Nation, while the Long Island tribe is only state recognized.
2. The Cayuga Nation Lake Side Trading stores are a Nation owned and operated business while in Long Island the cigarette seller is a privately owned business
3. And the most important fact is that the Cayuga Nation has federal treaties and Long Island does not have any at all.
This is an ongoing issue that we will continue to watch and keep you all updated as to the progress.
We hope all of you have enjoyed receiving your boxes of produce this year. The rain and poor weather conditions really affected the amount of produce we all received this year. We hope for a better harvest next year.
The Cayuga Nation is once again hosting a Winter Gathering in Hamburg, New York at Michael’s Banquet Hall on December 12, 2009 at 5 pm. This year Michael’s requires a head count in advance for the sit down meal, so if you do plan on attending, please call the Cayuga Nation Offices to let them know. We do not want anyone showing up and not having a meal to eat when they do get there. So it is very important that you need to R.S.V.P. Call the Cayuga Nation Office to let us know that you plan to attend.
From the Entire Cayuga Nation Staff and Cayuga
Nation Council, we again wish all of you a
Till next month,