Doctor visit: Lawmaker takes aim at tribal lawsuit

The tribe filed a federal lawsuit in January regarding legislation that made changes to the state tax code. Senate Bill 608 seeks to crack down on tobacco bootleggers. Among other things, it stiffens the penalty for those who deal in cigarettes that don’t have proper tax stamps, and requires smokeshops to buy their tobacco from state-licensed wholesalers if the tribe doesn’t have a compact with the state. The Creeks don’t have a compact.

The lawsuit contends that the tax codes run counter to several federal laws and violate tribal sovereignty. The tribe wants the court to rule that the Master Settlement Agreement that the state entered into with tobacco companies more than a decade ago can’t be enforced on Indian land.

Cox, R-Grove, says Principal Chief A.D. Ellis "should be ashamed for pursuing policies that allow the Creek Nation to skirt the regulations of Senate Bill 608.” Smoking only exacerbates high blood pressure and diabetes, two conditions frequently seen among American Indians, Cox said. And inexpensive tribal cigarettes contribute to young people taking up the habit.

"The Muscogee Creek Nation’s continued desire to offer cheap, low-tax cigarettes is counterproductive to the health of all Oklahomans, particularly Native Americans,” Cox said. "Chief Ellis should use tribal resources for education, housing and health care policies rather than attorney fees in attempting to continue his harmful policies.”

The criticism is on target but carries added weight for this reason: Cox himself is of Creek heritage.