Letter from Peter Slocum to Gov. on Shinnecocks

The following letter was sent by Peter Slocum, American Cancer Society vice president of advocacy, to Governor David Paterson expressing concern regarding potential development of a casino by the Shinnecock Indian Tribe on Long Island.  Specific concerns include compliance with the NYS Clean Indoor Air law and collection of taxes on cigarettes sold to non-Indians.

Dec. 16, 2009 
                  

Hon. David Paterson
Governor
State of New York
Albany, N.Y. 12224

Dear Governor Paterson:

We note with interest the announcement by the U.S. Department of Interior presaging a decision to grant federal recognition to the Shinnecock Indian tribe on Long Island.

It is well known that the tribe is interested in developing a Class III casino, and that your administration will have a major role in negotiating the location and standards for a Class III facility.  We ask that public health concerns be included in these negotiations.

Lung cancer, caused primarily by tobacco, kills nearly 9,000 New Yorkers a year, markedly more than any other cancer.  In recent years, New York has made great strides in the fight against tobacco, thanks in part to our high ($2.75 per pack) tax, which is third highest in the nation, to the Clean Indoor Law and an effective tobacco control program.  Adult smoking prevalence in New York dropped to 16.8 percent in 2008, and the teen rate to 14.7 percent, while nationally the smoking rate edged up slightly.

The American Cancer Society is concerned that the establishment of further casinos not lead to an erosion of New York State’s very successful campaign against tobacco.  Other tribal casinos flaunted New York’s landmark Clean Indoor Air law and collection of the state excise tax on cigarettes.  The state has not successfully addressed either issue in previous negotiations.

At casinos elsewhere in the state, both native and non-native employees and visitors are routinely exposed to carcinogenic second hand smoke in direct violation of state law and basic worker safety standards.  Even though the State of New York negotiated agreements for at least some of those casinos, no effort was made to address this obvious health hazard.

Similarly, the state has failed to take steps to stop the flood of illegal, untaxed cigarettes sold to non-natives even though the U.S. Supreme Court has clearly said that the state is entitled tax such sales.

Addressing these two critical issues must be part of any discussions with the Shinnecock tribe about developing a casino.  In negotiating a Class III casino agreement with the Shinnecock Nation, we urge you to insist that the tribe agree that:

• Regulations identical to the state’s Clean Indoor Air law will be implemented throughout any such facility, and:

• The tribe will agree that the state tobacco excise tax will be paid by non-Indian customers of all Shinnecock retail stores, whether at the casino or on the reservation.  Alternatively,  the tribe may agree to a tobacco price parity scheme or some other acceptable program that assures that tobacco prices are similar to those charged by non-Indian retailers.

Research by the state Department of Health shows that as many as one-third of smokers in New York State buy untaxed cigarettes from a reservation store.  Implanting a state-blessed untaxed source on Long Island would increase that percentage and make it very easy for teens in the region to have access to much cheaper cigarettes and become addicted.

Sincerely,

Peter Slocum
Vice President, Advocacy
American Cancer Society, Eastern Division