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Rochester man accused of possessing more than 400 untaxed cigarettes

By Howard B. Owens

Don't smoke and drive. Well, at least if you're going to buy more than the legal limit of untaxed cigarettes, and don't get caught speeding when you leave the reservation.

That apparently seems to be the moral of an arrest announced by the Sheriff's Office this afternoon.

Virgil Exis Parker, 29, of 98 Campbell St., upper, Rochester, was stopped on Route 262 in Elba at 6:46 a.m. for allegedly doing 82 mph in a 55 mph zone.

Deputy Meides reportedly spotted 31 cartons of Newport cigarettes and several boxes of cigars in Parker's car. The legal limit is 400 untaxed cigarettes, or about two cartons.

Parker was charged with possession of more than 400 untaxed cigarettes and issued an appearance ticket.

Don Vickers

So how much does a carton cost on the Reservation? multiply that times 31 to see how much he lost. I hope they confiscated them. I am sure the loss of the cigarettes will out way any fine he gets.

Aug 1, 2009, 7:51am Permalink
Fred GUNDELL

Don, I couldn't agree more. Here we have our Governor in Darien crying the blues about how broke the state is, and how they can not give any aid . Just a few miles away who knows how many people everyday are driving off the Res with who knows how many Tax Free cigarettes??(and bought who knows how much Tax Free gas) While the rest of us pay tax on every hamburger we buy at McDonalds. What is wrong with this picture? I say Tax them, and Tax them now. The Indians are not making enough money on the Casinos that the State Donated to them?. Another topic for another day.

Aug 1, 2009, 8:20am Permalink
Gary Spencer

So, Fred, are you saying our Government should just ignore the hundred something year old treaty that was established when the reservations were created?

Aug 1, 2009, 8:44am Permalink
Stephanie Armstrong

I'm with Gary on this one. You can't make an agreement with someone, then revoke it because you realize you can make money off of it. Is there enormous amounts of revenue that could be made off of this? YES. Absolutely; however, we made a deal. Now that we realize a way to make more money, we want to change that deal. Where are the honesty, integrity or morals in that? There are other ways to generate money besides going back on our word. Not to mention the uproar that would create. If you want to stop non-Natives from purchasing Native products, just make it illegal and arrest every non-Native that buys anything from a reservation. Don't revoke the treaty. What does that say about Americans?

Aug 1, 2009, 8:54am Permalink
bud prevost

Agreed. It seems to me that if you have members of your "nation" receiving any sort of NYS subsidized services i.e. DSS, food stamps, education, using roads outside their reservation. The fact that there is a casino in the middle of a city, which allows gambling of all kinds, smoking, and it's exempt from taxes, is inherently unfair. There have been numerous times throughout history that treaties were ignored, and wrongs were done to other people. This is 215 years later. Things change.
I would say Gov Dave is turning a blind eye to the situation, but that would be insensitive, right Daniel? :)

Aug 1, 2009, 8:55am Permalink
Tyler Hall

Stephanie, when this agreement was made the 'mistreated' natives didn't receive the benefits that they do today. Think of America as a big club. You pay dues and receive benefits. As in, the public schools they go to. Or the FCC regulated radio they listen to. Or the FDA approved foods that they eat. Or the OA fire departments that come their crying needs. Or the paved roads. Or the security of the USA's armed services. Or the security provided by the state police. If they don't want to pay taxes then they can get home schooled or fight their own battles.

Aug 1, 2009, 9:01am Permalink
Fred GUNDELL

Yes. States can not enter into Treaties. Indian nations during that period of our History overlapped State borders. That is why some Senecas are in Oklahoma. That function belongs to the Federal Gov't according to the Constitution.(I believe) Even so, Limit the sales to residents of the reservation only. If not, and the reservation is truely a sovereign nation, provide borders like we do with Canada and Mexico. And yes, If the Thruway crosses their reservation, let them charge a toll(or pay them a lease agreement) if they want. Let vehicles be subject to Inspections etc. Something has got to change. I do think that Native Americans were treated unfairly at that time, and in some cases still pay the price. But I do not think we need to offer what I consider a free ride and still get the public benefits of living here. Thanks

Aug 1, 2009, 9:22am Permalink
Karen Miconi

Why dont they just set up a road block just outside the rez, if they want to invade peoples cars, and search through them. This is what it will come down too, if some lines arent drawn soon. Did the guy get a speeding ticket?? He was going 82 miles an hour, in a 55. Dangerous....Maybe next time he'll slow down. Smokers go to the rez every day. Not only for themselves, and their smoking habit, but for their friends and family who smoke. This is old news, its been going on for years. I'm not a smoker, but I understand why they go to the rez. To Save Money.......If they want to go after anyone, it should be the tobacco companies. These bandits are the real crooks.

Aug 1, 2009, 9:54am Permalink
william tapp

WE cant break treaty's, if you want change you have to go to the federal level. I personal think they all should pay taxes to . but i don't know all the facts of treaty's.

Aug 1, 2009, 9:39am Permalink
Mark Potwora

There is too much tax on cigarettes..Lower the tax some .Will stop people from taking the drive out there..I think smoking is not good for you but its legal..Why are those people who smoke forced to pay such a high tax..Thats the problem...Why to some live the town of batavia....to escape the taxation of property tax....Don't blame the Indians blame the New York State government

Aug 1, 2009, 10:00am Permalink
Bob Price

Cmon,now-this man was probably in a hurry to get back to Rochester to sell them on the streets for $5 a pack or sell them to one of the local corner stores....31 cartons????? Figure this-310 packs @ $5 a pack-$1550..I don't know how much newports go for on the rez,but more than likely he was making money on them somewhere.

Aug 1, 2009, 11:04am Permalink
Howard B. Owens

A treaty is a treaty. A contract is a contract. If circumstances change over time, the proper course of action is to negotiate a new contract, not unilaterally impose new rules, obligations or requirements. If New York State wants to change the terms of the compact, officials need to sit down at the table with the Senecas and reach a new agreement. But to unilaterally impose new rules on the Senecas is ethically wrong.

Aug 1, 2009, 9:08pm Permalink
Amy Davis

I'm with Howard on this one...sorry, don't want to offend anyone.

The "treaty" has already been torn to shreds by the state.

The folks on the reservation are living a fuller life since these shops have evolved. They deserve to be self-suffient and happy Americans too! So do the countless people who patronize these businesses, trying to save some money in the trying economy.

People do travel for miles to save, (especially in these hard times), as the state looks for more ways to make money on the "little people", and they still complain that there is no money.

Where is all the money going? New taxes on smokes, (and many other things), must be going somewhere...my question is WHERE? The state is still complaining that it's broke!

People may buy more on the reservation to save on numerous trips to get what they want. Now anyone is in jeopardy of being fined for what they purchase. I agree that buying them to sell for profit is wrong, but is it really a major problem?

There are criminals out there, murderers, dope addicts, drunk drivers, robbers, etc. The terrific police officers that we are blessed with in this area have much better things to do than worry about someone who has more than their "quota" of smokes from the reservation stores.

The major speeding issue should be addressed first, from the original subject of this story and I agree that he was probably buying the large quantity to sell. The amount of smokes is a bit over the top and may warrant some action, but someone with 3 or 4 cartons (they've been busted too)...

Is it really worth the valuable time of our police officers?

&

The Native Americans should have the respect of their treaty being honored, or as Howard said: negotiated for a new agreement.

Aug 2, 2009, 1:57am Permalink
Tyler Hall

yes conditions changed. but when this 'treaty' was signed, were all of these conditions around? so why don't we fulfill our end of the obligation and not tax them. TOTALLY COOL with that. but the next fire that burns down or the next native who has a heart attack, well I hope they can compile a nice fire service for themselves. Let's keep the treaty. But we shouldn't give them a single service that they haven't paid into.

Aug 2, 2009, 4:55am Permalink
Howard B. Owens

Tyler, we don't know that the treaty doesn't already require some amount of aid. Second, they are also U.S. citizens so have the same rights, we do, which includes the protection of the government. Third, any circumstances that have changed that bring new benefits to the reservations would simply be bargaining chips in a renegotiation of the compact. But the state and feds won't be trusted partners in a new negotiation if they're already violating the original agreement.

Aug 2, 2009, 9:46am Permalink
Doug Yeomans

Tyler, I think they paid dearly. We all live on land that was simply taken from them or was purchased from them with trinkets and bribes. think about it. If someone came and took away the land you live on by shoving a gun in your face, how would you feel?

Aug 6, 2009, 2:54pm Permalink
Doug Yeomans

I'm not saying they should be tax exempt, I'm just making a point that they did pay into the system with just about all of their land. Our occupation of this land came at a huge price to them.

Aug 6, 2009, 2:57pm Permalink

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