Racist gas station vs. Cayuga tribe

Oh, quit whining. You posted a stupid OP, and you got called on it a lot more gently than you might have been. You don’t like hostile responses, don’t start Pit threads. At least Brutus isn’t slinging around unsubstantiated accusations of racism, which is an order of magnitude more offensive than “shit-for-brains”.

Care to respond to any of the substantial number of points raised by both Brutus and virtually every other poster in the thread, or should are you conceding your OP is bullshit?

Yes, but apparently the members of the tribe are not New York residents. For them to sell state taxed materials would be like charging California sales tax in a store in Wyoming.

The state authorities don’t have to do anything about the store on the reservation. As both Captain Amazing and I have referred to, the obligation is on the purchaser to provide the state wherein the items purchased shall be used with the appropriate amount of a use tax. Personally, I think that’s a stupid law as it’s pretty well unenforceable if you’re not going to be shipping the purchased item to the purchaser. So, basically, the folks who are complaining about the tribe avoiding the taxes are really blaming the wrong people!

Nice and Easy there is one of those in my hometown of Medina, NY known as Nice And Sleazy by everyone. They do make some good pizza though (or at least did as of 2000 the last time I was back home) I think the gas station can put up the “I pay taxes” thing all they want because everyone in my hometown who smokes goes to the reservation.

I am impressed, you fuck-goblin. Now address the points, or admit you had your head up your ass when you posted.

Well, maybe the indians, excuse me, Native Americans, could just give the owners of the gas station ElwoodCuse finds to be racists some blankets as a peace offering.

I suppose, but the owners will just cure it with Campbell’s Chicken Noodle Soup, NyQuil, and Sprite.

Monty: The following is from The Buffalo News, April 19 of this year. (The link is expired, and I’ve copied the quote from a subscription service. Mods, it’s less than 10% of the article as a whole.)

So, according to SCOTUS, New York state is within their rights to levy the taxes. Those taxes remain on the books, BTW–in the recent budget negotiations between the State Assembly and the Governor’s Office, the possibility of collecting the taxes was raised again. Predictably, the Senecas have threatened more protests if this occurs.

I believe the case referred to in Duke’s offering is

DEPARTMENT OF TAXATION AND FINANCE OF NEW YORK, et al., PETITIONERS v. MILHELM ATTEA & BROS., INC., etc., et al.

It’s the law, but I think it sucks. Boo-hoo on me, since whenever people start bashing tribes on these boards I like to toss out the statement, “that may be the way you want it to be, but this is how it actually is.”

Well, that’s how it actually is and hell if I can do anything but try to change it. However, I cannot miss this opportunity to point out that the chances are very good that New York doesn’t spend a damned penny on tribal members. No transportation funds, no water and sewer services, no electricity infrastructure, not jack.

And three decades after the Supreme Court nailed the State of New York to the wall for impersonating federal officials, making false treaties with the tribes, and stealing their land base against federal laws which they knew included a no statute of limitations clause, they still refuse to come off of that hundreds of millions of dollars they owe New York tribes.

Lame, man. Totally lame. But unfortunately it sucks to be an Indian in America, just as it has since the first day Indians met the rest of us.

I would also point out that you can see this sort of thing happening on the borders between any two states where one has some sort of economic advantage to exploit over the other, whether it’s no tax on food, later liquor store hours, or cheaper gasoline taxes. You know what the poor business owners on the wrong side of the border do when that happens?

They fucking deal with it.

But since it’s still cool to rip off Indians, they litigate and legislate instead.

Ya know what would be downright hilarious? If the Nice ‘n’ Easy got hit with a tax audit, that’s what…

Well, yeah, it is a dumb law. Personally, I don’t think that those taxes should be levied. FWIW, neither do a number of New York State legislators, who are supporting a “tribal tax,” that would be levied at the same rate as the state taxes (7% on consumer goods, higher on gas and tobacco). The proceeds of the tribal tax would benefit the reservations.

I don’t know how much, if any, state money goes to infrastructure on the reservations. But as things stand now, not a lot of the money from the reservation gas stations, or from the Seneca Niagara casino, is paying for said infrastructure. Perhaps the “tribal tax” idea, if properly implemented, would do just that. I hope it does.

Yes, but there’s only a 98% chance that the owners will live long enough to discover the cure!

American Indian reservations are sovereign land. They aren’t a part of any state, so they can’t be fucking taxed by a state or by the federal government. They aren’t getting “special treatment” from the government because they are not subject to federal or state authority.

So some poor little gas station is getting undercut? Too bad, that’s fucking life. How many small business have been destroyed by fucking Walmarts? That’s fucking capitalism you fucking crybabies

No, you raging dipshit, this is not ‘capitalism’. This is an example of some businesses abusing the preferential treatment they get by the Gov’t.

And the Bureau of Indian Affairs would probably take umbrage at your assertion that reservations are not subject to Federal authority, fucko.

That’s not capitalism?

'Fraid not. You can’t really expect free competion when one group is playing by a ‘easier’ set of rules.

And yes, I realize this shit goes on in all sorts of industries. Said before, saying it again: Corporate welfare is as repulsive as social welfare.

Brutus, how is this different than a person driving over the border to another country (e.g., Canada) to buy something, if it’s cheaper over there? That is capitalism – competition will dictate market success. Indian reservations being sovereign territory has nothing to do with “corporate welfare.”

And yes, I agree the racism accusation is groundless.

Because it’s not illegal for a Canadian business to sell items to an American customer without charging New York sales tax. It may suck for cross-border businesses, but it’s not ILLEGAL.

In the case of the store on Cayuga land, a LAW is being broken that the government apparently will not enforce because the last time they tried to enforce it, riots broke out.

I am sure you can see a distinction between taking advantage of tax laws, and taking illegal advantage of tax laws.

Well, technically, the law only applies to non-indians who buy smokes on the reservation so the law could be easily circumvented by just giving a Native an extra couple of bucks to go buy the smokes. As long as it’s not a pale face actually buying the heaters the state can’t really do shit.