PRESS RELEASE

For immediate release:
Seskeha / August 18, 2006  

For information contact:
Public Information Office
St. Regis Mohawk Tribe
Tel: (518) 358-2272 ext. 165
Fax: (518) 358-9675 

DAY WHOLESALE GRANTED TEMPORARY RESTRAINING ORDER AGAINST ELIOT SPITZER

Akwesasne – The Saint Regis Mohawk Tribal Council is pleased to announce that on August 17, 2006 , the New York State Supreme Court of Erie County granted Day Wholesale a temporary restraining order against New York State Attorney General Eliot Spitzer. The court order restrains Spitzer from taking any action to enforce the provisions of the New York State Tax Law 471-e until the court can fully consider if the law is in effect. A hearing is set for September 25, 2006 .

Day Wholesale, a New York State company that provides local businesses on the Saint Regis Mohawk Tribe Reservation with tobacco product was successfully granted this temporary restraining order after providing sufficient evidence that enforcement of this law would cause irreparable harm. 

“The Tribal Council would like to extend our appreciation to Day Wholesale for their willingness to fight this matter,” said Chief Barbara Lazore, “They have a long standing working relationship with our business people and Council appreciates the effort they have put forth.”  

The New York State Tax Law 471-e was passed by the New York State Legislature in 2005. This law seeks to implement a coupon system for the distribution of tax exempt tobacco product to Indian Nations and places the burden of coupon distribution on New York State Tribes. The New York State Department of Taxation and Finance has not developed the regulations necessary to implement this coupon system and the law is now being challenged by Day Wholesale.

“We call upon Attorney General Spitzer to respect this court ruling and leave the wholesalers alone,” said Tribal Chief James W. Ransom. “We agree with Day Wholesale that this law will cause irreparable harm,” he concluded.

-30-

The St. Regis Mohawk Tribal Council is the duly elected and federally recognized government of the Mohawk people.