Judge's ruling on cigarette regs expected in NY
BUFFALO, N.Y. (AP) - Seneca Indians in the mail-order cigarette business are awaiting a judge's ruling on whether they'll have to comply with a new federal law.
About 140 western New York businesses belonging to the Seneca Free Trade Association, as well as another Seneca businessman, say the Prevent All Cigarette Trafficking Act is unconstitutional. The law prevents businesses from shipping cigarettes through the mail.
Known as the PACT Act, the law took effect June 29. But the Seneca businesses have not had to comply because of a temporary restraining order that expires at midnight Friday. U.S. District Judge Richard Arcara is expected to rule sometime before then on the businesses' request to stop the government from enforcing the law while their legal challenge is ongoing.
It depends on how deep the judge's ruling goes.
The constitutionality of the Act has also been brought into question,
concerning, among other issues, constraint of trade.
Judge Arcara's ruling might also help to clarify some of the provisions
that are ambiguous enough to cause confusion.
(Some of the Indian cigarette sellers had just begun to offer American snus.)