Judge: no cigarettes through US mail

BUFFALO, N.Y. (WIVB) - Federal Judge Richard Arcara has upheld the PACT Act, which bans the shipping of tobacco products through the U.S. mail. The ruling could jeopardize thousands of jobs in the Seneca cigarette industry.

The Seneca Nation had no comment on the federal court decision upholding the PACT Act. Judge Arcara's ruling means the federal ban on the mailing of tobacco products is now in effect.

U.S. Attorney William Hochul said, "It is a constitutional law, so going forward there will be no more mailing of cigarettes as Congress intended."

Seneca businesses argued that the PACT Act, also known as, "Prevent All Cigarette Trafficking" Act, discriminates against Native Americans. Congress passed the law to prevent the sales of cigarettes to minors.

"Whether they're Native American or not, the law was just simply written to say that a post office will not accept for mailing cigarettes," explained Hochul.

Justice Department lawyers say the mailing of tax exempt Indian cigarettes cost the government billions of dollars a year in tax revenue.

Ryan Taggert said, "It's their land, they should be able to do what they want to do. I mean, they're not hurting anybody. It's only mail, its only cigarettes, everybody smokes them. You're not gonna get people to quit by banning them or making it harder to get them."

"I think it is ridiculous that you can't get them through the mail. That's one reason why were are driving over here," said Russ Needhamer.

Manufacture and sale of cigarettes accounts for an estimated 3,000 jobs in western New York. The Seneca Nation says, "the likelihood remains that thousands of Seneca and non-Seneca workers will be out of a job." An appeal is likely.

Judge Arcara did issue an injunction barring federal state and local governments from collecting taxes on interstate sales of tobacco products by means other than the U.S. mail.