A ban with health benefits

Congress may soon do for New York what the state’s own Legislature has been unwilling to accomplish: putting an effective end to the problem—some say the advantage—of tax-free cigarette sales by the Seneca Nation of Indians. It could lead to regrettable job losses among Western New York’s Native Americans, but it’s the right move for reasons that go beyond state revenue losses.
A bill pending in the U. S. Senate—and already approved by the House—would ban the U. S. Postal Service from delivering mail-order cigarettes, which accounts for about 70 percent of the Senecas’ tobacco sales. Albany would find that pleasing, since more customers would have to buy from stores, thus increasing state tax revenues. Non-Seneca merchants would be pleased to be freed from what they see— and what, in fact, is—an unfair advantage given their competitors.
Both those factors are adequate reasons to pursue this change, but it’s not the primary one. The crucial factor is the government’s interest—meaning Americans’ interest—in controlling the distribution of a poisonous and fiercely addictive substance. Tobacco is legal, but it’s not for kids, some of whom have credit cards.
The Senecas say, and not without cause, that the bill could harm employment in Western New York, where the Native American cigarette business employs around 1,000 people. And that is despite the decline in activity that occurred when shippers such as UPS and FedEx, under pressure from the state, stopped servicing Seneca cigarette businesses. Business would remain undisturbed at cigarette shops on Seneca land.
Senecas and some elected officials—including Rep. Eric Massa, D-Corning, who previously supported thebill— fear that it could violate treaty language that grants significant autonomy to the Senecas. We’re doubtful of that, but such disputes are the reason we have courts of law. The Senecas are entitled to challenge such a law in federal court and, if they win, that’s the end of it. But better to test the issue than to tolerate the unregulated distribution of a product that can be lethal when used correctly and that drives up public health costs.
The bill is expected to be approved in the Senate soon and sent to President Obama for his signature. He should sign it promptly and without hesitation.