The U.S. District Court for the Western District of New York recently found itself at the center of a constitutional challenge to the Prevent All Cigarette Trafficking Act of 2009 by members of the Seneca Nation. In another matter, the court granted an employer’s motion for summary judgment and dismissed an employee’s claim for unpaid wages under federal and state wage and hour laws.
Temporary Restraining Order
In Red Earth LLC d/b/a/ Seneca Smokeshop v. United States, No. 10-CV-530A, and Seneca Free Trade Assoc. v. United States, No. 10-CV-550A,1 plaintiffs filed suit against the U.S. government and the U.S. Postal Service (USPS) in the Western District challenging the constitutionality of the Prevent All Cigarette Trafficking Act of 2009 (PACT).2 PACT, which took effect on June 29, 2010, amends the federal criminal code to treat cigarettes and smokeless tobacco as non-mailable matter and to prohibit their deposit into the U.S. mails and, among other things, applies state tobacco tax reporting requirements to Native American cigarette businesses.
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