ACS Asks State High Court Act in Cayuga, Seneca Case

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from the American Cancer Society

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FOR IMMEDIATE RELEASE: February 16, 2010

American Cancer Society Asks State's Highest Court to Consider Public Health in Cayuga, Seneca Case

Albany, NY - The American Cancer Society today urged New York State's highest court to recognize that the flood of illegal, untaxed cigarette sales is a deadly health hazard, as it considers a key tax case involving Cayuga and Seneca counties. 

The American Cancer Society has requested permission to submit information regarding the negative public health impact that the sale of untaxed cigarettes has on the State of New York and its residents.  The request relates to the case of the Cayuga Indian Nation of New York vs. the Cayuga and Seneca County Sheriffs and District Attorneys, now before the NYS Court of Appeals. 

"This isn't about commerce, land claims or sovereignty," said Donald Distasio, CEO, American Cancer Society of NY & NJ. "This is about how tax-free cigarettes sold through Indian retailers are slowly killing 100,000 New Yorkers right now.  We simply can no longer turn a blind eye to the public health menace that continues to creep across this state."

A proven public health strategy to reduce the devastation caused by tobacco is to increase the cost of cigarettes so fewer people purchase them.  Higher cigarette prices deter young people from smoking, provide incentive for adult smokers to quit, and reduce overall consumption of tobacco products.  Higher prices by the way of taxes, save lives, spare grief and mitigate the social and economic costs of tobacco addiction.  Failure to collect taxes on cigarettes sold through Indian retailers to non-Indians undermines the public health benefits achieved by reducing demand through higher prices.

The American Cancer Society estimates that 100,000 adult smokers would quit and state revenues would increase at least $500 million per year if New York were to collected this legal tax on Indian cigarette sales.

The American Cancer Society made its request via an amicus curiae, or a "friend of the court" brief, in which parties may offer to present information that may not be otherwise considered by the court.  Since tobacco use is the nation's most prevalent cause of premature death, disease and disability, the American Cancer Society believes it is important for this legal dispute be considered in the context of the public health interests of New York State.  Those public health interests include that this year:

• More than 25,000 adult smokers will die in New York
• 85,000 children under 18 will try cigarettes for the first time and nearly 21,000 young New Yorkers will become regular, daily smokers
• Health care related costs directly caused by smoking will total $8.17 billion
• 14 percent of Medicaid expenditures are for smoking-caused illnesses

Others submitting briefs in support of the counties include Attorney General Andrew Cuomo, the District Attorneys Association of NYS and the NYS Association of Counties.  Bruce Strikowsky, Esq., of the law firm of Schnader, Harrison, Segal & Lewis LLP, collaborated with the American Cancer Society in preparing the brief.  The firm's services were provided on a pro bono basis.

            As a non-profit organization dedicated to fighting cancer, the American Cancer Society has an interest in this case as it relates to public health and can provide the court with valuable information for consideration.  The American Cancer Society has a long history of focusing policy recommendations on scientific research findings that uniquely qualifies the organization to present credible, valid data on the effectiveness of higher cigarette tax prices as an effective public health strategy.

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