SENECA FALLS — The Cayuga Nation is following up on its October lawsuit against the Pipekeepers Tobacco & Gas store by seeking a temporary restraining order and preliminary injunction.
The Nation is asking the U.S. District Court for the Western District of New York to grant the restraining order against seven officials of the Seneca-Cayuga Tribe of Oklahoma and Dustin Parker and Warren Johns, Nation citizens who are operating the store at 126 E. Bayard St.
The restraining order seeks interim relief to prohibit the Seneca-Cayuga Tribe, Parker and Johns from selling untaxed cigarettes and other tax-free goods within the Cayuga Nation’s original reservation.
Nation officials said the store is not an economic enterprise of the Cayuga Nation and as such, does not enjoy the Nation’s sovereign right to sell untaxed goods. They say the Seneca-Cayuga Tribe is only permitted to conduct tax-free businesses within its own reservation in Oklahoma.
“This business is not affiliated with the Cayuga Nation and does not enjoy the Cayuga Nation’s inherent sovereignty, period,” said Clint Halftown, Nation Council leader and federal representative. “The owner and operator of this business are in clear violation of the law and while we wait for the relevant authorities to take action, we are asking the court to issue the necessary order to prohibit further illegal actions.”
The Oklahoma tribe bought the old Andrews Service Station in 2011 and after demolishing the building, built a new smoke shop and convenience store called Skydancer’s on the site. In 2013, federal officials raided the store, seized unstamped cigarettes and cash and initiated a foreclosure action against the Seneca-Cayuga Tribe in federal court. The Seneca-Cayuga Tribe entered into a consent agreement to not reopen the store until it obtained all necessary permits.
It remain closed until Parker leased it and reopened it earlier this year.
“Our attorneys sent a letter to the Seneca-Cayuga Nation on September 15, requesting that it stop its support and participation in the unlawful sale of untaxed cigarettes at Pipekeepers,” Halftown said. “Despite our sending our letter more than two months ago, Pipekeepers has continued to operate. Their actions irreparably harm the Cayuga Nation by infringing on and undermining our inherent sovereign rights within our reservation.”
Halftown said the store also sells loose individual cigarettes known as “rollies,” which is prohibited under the federal Counterfeit Cigarettes Trafficking Act as well as state law. He said the Cayuga Nation’s profits from cigarette sales have declined significantly since the Pipekeepers store opened.
