Skip to comments.Obama signs bill restricting mail-order cigarette sales
Posted on 04/02/2010 8:20:16 AM PDT by Drango
Obama signs bill restricting mail-order cigarette sales
WASHINGTON President Obama on Wednesday signed legislation that bans the U.S. Postal Service from shipping cigarettes a measure that's expected to cripple the mail-order tobacco businesses run by members of the Seneca Nation of Indians.
White House press secretary Robert L. Gibbs announced the signing in a brief statement that included no comment on the new law, which the Senecas fought furiously.
In response, Seneca Nation President Barry E. Snyder Sr. accused the president of betraying the very Indian nations he wooed during his 2008 campaign and spoke to last fall.
"The president of the United States invited Native American leaders to Washington, D.C., in November and looked us in the eye as a sign of good faith in his pledge to protect federal treaties," Snyder said. "Now, four months later, he has betrayed that promise."
However, opponents of smoking rejoiced in Obama's action.
"Enactment of this legislation is a milestone in the fight to keep kids from smoking and prevent tax evasion that costs taxpayers billions each year," said Matthew L. Myers, president of the Campaign for Tobacco-Free Kids.
In addition to banning the mailing of cigarettes, the Prevent All Cigarette Trafficking (PACT) Act requires those selling cigarettes on the Internet to:
Pay all federal, state, local or tribal tobacco taxes and affix tax stamps before delivering any tobacco products to any customer.
Register with the state where they are based and make periodic reports to state tax-collection officials.
Check the age and ID of customers when they purchase tobacco and when the tobacco products are delivered.
The Seneca Nation has long contended that the bill would devastate the tax-free mail-order cigarette business that provided a bargain to a growing number of smokers while making some Senecas rich.
For months, the Senecas had said their cigarette industry employed 1,000 people, but in recent statements, the tribe without explanation boosted that figure to 3,000.
"We have at least 90 days from the signing before the postal delivery ban goes into effect, so we'll all be looking at ways to adapt and save as many jobs as possible," said J.C. Seneca, a tribal cqcouncillor and co-chairman of the Seneca Nation's Foreign Relations Committee.
Obama signed the bill less than two weeks after it passed the House by a 387-25 vote. Earlier in March, the Senate approved it unanimously.
The landslide votes and the president's signing show that the Senecas got nowhere in their attempt to pressure lawmakers particularly Sen. Kirsten E. Gillibrand, D-N.Y. to change their minds on the issue.
The tribe singled out Gillibrand in a billboard campaign, but on Wednesday, Snyder focused his ire on Obama, saying the Crow Nation should revoke the honorary membership that it gave to him during his presidential campaign.
"This is certainly not the first time a U.S. president has failed to honor federal treaty rights, but it is particularly hurtful when this country's first minority president turns his back on another group of minority Americans; it's a very personal pain and insult," Snyder said.
Lawmakers from both parties have said in the last month, though, that the PACT Act was merely common-sense legislation aimed at curbing the sale of tax-free cigarettes.
The bill had a powerful and unlikely coalition behind it, as anti-smoking groups teamed with convenience store owners and tobacco giants such as Altria to push the measure.
The Senecas consistently portrayed the bill as a gift to Big Tobacco, but supporters of the bill said that it was simply a matter of public health.
"The PACT Act will cut off a major source of tax-evading, low-cost tobacco from coming into New York and other states," said Scott T. Santarella, President and chief executive officer of the American Lung Association in New York. "The passage of this bill is a true public health victory because higher tobacco prices will prevent more kids from beginning to smoke and encourage more people to quit."
The Senecas stressed, though, that despite Obama's action, they aren't quitters.
"This is devastating for the Seneca Nation, the businesses and all the employees, but it won't take us down," Seneca said.
"We've been pushed around by the government for centuries, and we keep finding ways to survive."
“We’ve been pushed around by the government for centuries, and we keep finding ways to survive.”
Same with us.
Man, this just keeps getting better.
Mob 101 - You pay up to the boss or you get offed.
we have to start preceeding his name with King.
King Obama this and King Obama that.
What do Democrats have against Native Americans?!!!
Can they ship UPS?
Can’t blame the Pale Skins for another broken promise/treaty.
Starve the beast. Quit smoking. For your wallet.
Time to quit.
Half-white man speak with forked tongue.
Big Chief Obama speak with forked tongue.
Interstate commerce strikes again, as well as the nanny state.
UPS and FedEx have already agreed NOT to ship cigarettes. A smaller carrier might carve out a market but it’s unlikely.
Been saying this for months. Hope all the bloggers will catch on.
If they can't mail cigarettes, how about UPS? I suspect this is mostly about closing the tribal loopholes, though.
As for supporting Obama, well, they should have seen this coming. As long as he gets his cigarettes, he could care less whether anyone else does.
Big Tobacco wins over little tobacco. The Government picking losers and winners again. When people are taxed to death they do things to overcome even in that environment. Now another roadblock to continue to enslave folks and steal their money. Conservatives should have voted against this intrusion.
From the bottom of our hearts
I thought treaties can’t be broken
UPS and FedEx have already folded like cheap cameras. They will not accommodate.
I wonder if the Senecas could manage to create a start-up trucking service. I’d love to see them be able to tell Obama to shove his stupid USPS.
So, Obama’s gunna have to actually INTO the store & get his lung tanners, now?
This is probably going to hurt the USPS more than anybody.
FedEx operates out of our Post Offices now. They aren’t going to bite the hand that feeds them.
Indian Reservations aren't another State.
The Senecas got Bidened.
The transfer across state lines.
“In response, Seneca Nation President Barry E. Snyder Sr. accused the president of betraying the very Indian nations he wooed during his 2008 campaign and spoke to last fall. “
Yeah, just like everyone else he wooed... SUCKERS!!!
Didn’t the progressives do a similar thing with prohibition? That worked out well.
Often on my way to work I’m behind an SUV with a sticker that reads: “Sute you can trust the government. Just ask a Native American”
http://www.sadtrombone.com/ press "PLAY"
Click for Humor "Press PLAY"
And you believed him after all his other lies?
As a Native American about how Open Borders works.
I was a little frustrated reading this, thinking, “How can a business get around this legally?” Then it came clearly to me: use FedEx or UPS! Neither one of them is banned from transporting cigarettes.
Another useless law.
UPS & Fedex stopped shipping over 2 years ago...
just saying - usps was the last to BUCKLE
FedEx and UPS stopped shipping cigarettes a year or two ago.
I'm impressed. I think he is the first American Indian leader I have ever seen written about who goes by an entirely "Europeanized" name.
Most of them I've seen in the past have names like: Chief Robert 'Bob' White Eagle or Running-Bear Smith or some other "combo" name.
So now the Obamessiah will be sending Gibbs down to the 7-11 on 14th Street to get his ‘cigs’ for him instead of having them delivered by a postal employee?
And you all said EVERYTHING he does is designed to increase the size of the federal government.
Sounds to me like SOMEONE owes “Dear Leader” an apology!
Chief Gregory E. Pyle of the Choctaw Nation of Oklahoma.
Why would he need to this? The health bill is all encompassing and there are whole boards being created to support anything that will aid your health care.
The have the power of department and commie initiative to take away anything that doesn’t support a healthy life style.
Only the beginning. Next, Federalizing all casinos.
Well, that is at least 3,000 more people we can add to the unemployment figures. Worst. President. Ever!
Big THIEF Obama speak with forked tongue. (fixed your typo for you)
Jealousy, because he was born in Kenya ;)
By the way, you can say "American Indian." Honest.
...by members of the Seneca Nation of Indians.
In fact when you drive onto the res' it says "Seneca Nation of Indians". Same as on their medical center and nearly everything else; its the official name.
Not saying you, but it seems that its mostly the liberals that have a problem with saying "Indian." Besides, anyone born in the US is a "native" american. Death by PC.
Now, saying injun, or 'skin will probably get you punched in the mouth.
Post of the Day!
Because that is all that it did - it will shift these sales to the black market. Not that many people bought online in comparison to the grand scheme of tobacco sales.
Government wants their state sales tax and big tobacco wanted their B&M sales. They think this will work...don’t count on it. Time to go after all online sales and grab that ‘stolen’ state tax revenue.
Oh, Cigars are exempt - One can still order cigars through the USPS. So much for “It’s for the children”
It’s about the taxes.
Plus Obama seems to take delight in breaking treaties with allies.
I don't think so. Did you forget more Government workers will be needed to regulate this?