Copyright © 2004 NLThomas
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Today, the Seneca Nation of Indians announced it is renewing its statewide campaign to raise public awareness about New York State’s plan to collect tax on goods sold to non-Indians on Indian territory. The new effort is the second phase of a campaign the Senecas began last October.

"We received a lot of positive feedback on the first phase of our campaign", said Rickey L. Armstrong, Sr., President of the Seneca Nation of Indians. "The citizens of New York were very supportive of our cause and expressed outrage that their elected leaders would enact such an unfair and unconstitutional measure."

Armstrong said that the feedback the Nation received inspired them to launch a second phase of the campaign that showcases the opinions expressed by Indians and non-Indians across the state. The Nation’s latest advertisements depict a fictitious teacher, mechanic, and Vietnam veteran. Each of the characters expresses concern and frustration that Albany’s tax plan is contrary to American principles such as fairness, truth, and honor.

"We were certainly glad that the implementation date of these regulations was postponed from December to March", said President Armstrong. "But we haven’t forgotten for a moment that the deadline is still looming. This issue is a pivotal moment in Seneca history. Our sovereignty is at stake. It’s imperative that we continue to highlight the public’s opposition to this tax scheme."

The multi-faceted campaign utilizes paid advertisements on television, radio and in newspapers, incorporates a website (www.honorindiantreaties.org), a toll-free hotline (1-888-665-5582), and will have Seneca leaders canvassing the state to meet with local media outlets.

The Legislature passed a bill on May 2, 2003, which the Governor vetoed on May 14, 2003, as being in violation of the Federal Constitution, mandating that state tax regulations be adopted for the collection of taxes on sales conducted on sovereign territory of the Seneca Nation of Indians. The Governor publicly stated in his May 14, 2003, veto message that "The Legislature’s language requires Indian Nations to collect taxes on all sales to non-Indians, even on shipments to states in which the Nations have no tax nexus. This runs afoul of the Federal Constitution."

Despite the Governor vetoing the bill, the State Legislature on May 15, 2003, overrode the Governor’s veto. Pursuant to that state law, the New York State Tax Department issued on September 10, 2003, new regulations taxing the sales of goods on Indian territory which are scheduled to become effective March 1, 2004.

This action will devastate the Seneca economy, forcing hundreds of Indian-owned businesses to close and putting 1,000 Indians and non-Indians out of work. The Senecas maintain that the proposed law undermines a series of treaties between the Seneca Nation and the United States government, notably the Buffalo Creek Compromise Treaty of 1842. To further emphasize the inequity of the state’s action, President Armstrong referred to article VI, Clause 2 of the United States Constitution which states that treaties are "the supreme Law of the Land; and the Judges in every state shall be bound thereby."

President Armstrong said: "The tax scheme planned by the State of New York directly threatens the sovereignty of the Seneca Nation and compromises our free use and enjoyment of our land as promised in the Treaty of 1842 and many other treaties."

The Seneca Nation launched a media campaign October 27, 2003, to educate New Yorkers about how the tax regulations, set take effect December 1, 2003, would violate centuries-old treaties. On November 7, 2003, the state tax department announced that it would extend the public comment period on the regulations and postpone the implementation of the regulations until at least March 1, 2004.