& Trading Post
TAX FREE: The Original Poospatuck Smoke Shop is located on the Poospatuck Indian Reservation on Long Island, NY. Sovereign Territory of the Unkechaug Indian Nation. For years, attempts were made by the State of New York to collect taxes on the sale of cigarettes and gasoline on Indian lands.
However, on May 22, 1997, Governor George E. Pataki repealed all regulations concerning the imposition of sales and excise taxes on transactions which take place on Indian Territory in New York. He stated:
me make my message to all Indian nations clear: It is your land,
we respect your sovereignty and, if the Legislature acts as I am
requesting, you will have the right to sell tax-free gasoline and
cigarettes free from interference from New York State."
In a fatal blow to the opposition, the New York State Appellate Division, Third Department in a unanimous ruling stated:
"Because of Tribal immunity, the retailers cannot be sued for their failure to collect the taxes in question, and State auditors cannot go on the reservations to examine the retailers records, "Matter of Association of Convenience Stores of NY vs. Urbach".
"This is not a question of an exemption, this is a question of immunity. The tax cannot be levied."
Poospatuck Smoke Shop was a leader in the fight to protect the sovereignty
of Unkechaug Nation lands. We are proud of our contribution to the
struggle and will continue to resist any attempt to charge, collect
or impose any illegal duty on our territory. This is not just about
cigarettes or gas, this is the lawful exercise of Sovereignty.
The original Poospatuck Smoke Shop is also the only shop on the Poospatuck Indian Reservation that makes a standard substantial contribution to the Unkechaug Nation as a way of saying thank you for the permission to do business. The consumer who purchases from our site not only buys at a great discount, but also makes a statement about protecting the rights and obligations of our people.
WE DO NOT
USE SOVEREIGNTY TO GENERATE CAPITAL
WE USE CAPITAL TO PROMOTE SOVEREIGNTY