Charlestown
Supreme Court won't review Narragansett smoke-shop ruling
01:59 PM EST on Monday, November 27, 2006
WASHINGTON -- The U.S. Supreme Court today declined to review whether Rhode Island authorities can enforce state law on the Narragansett Indian tribal lands, a dispute triggered by state police raid on the tribe's smoke shop.
The tribe had hoped that the nation’s highest court would reverse a lower court’s ruling that the state was legally justified in enforcing state law on tribal lands. Today’s ruling effectively ends the Narragansetts' legal battle.
Cigarettes sold for less at the tribe’s shop because the Narragansetts didn't pay for state-mandated tax stamps and they didn't collect a sales tax from customers who purchased cigarettes.
The tribe argued that it is immune from state authority because it is recognized by the federal government. State police, however, obtained a search warrant from a Rhode Island court and raided the store in July 2003, leading to a violent clash with tribal leaders.
The 1st U.S. Circuit Court of Appeals in Boston ruled that Rhode Island authorities can enforce state law on the Narragansett land, which is in the town of Charlestown.
The Supreme Court today included the smoke shop case among a list of more than 200 that it refused to act on. No explanation was given.
The governor issued a statement today praising the Supreme Court’s decision.
“As I said when the Appeals Court issued its decision, no Rhode Islander has a right to willfully ignore state law. No Rhode Islander should be allowed to evade state regulations or avoid paying state taxes,” Carcieri said. “It is my hope that today’s decision by the Supreme Court will allow the state and the Narragansett Indians to move forward in building a more cooperative relationship that is based on the rule of law and the agreement that we entered into decades ago.”
A spokesman for the tribe was not immediately available for comment.
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