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Lawyers for many of those defendants declined to comment or didn’t return several messages.But an attorney for Keith Stoldt, who operated the Totem Pole Smoke Shop on the Tonawanda Seneca Indian Reservation in Basom, N.Officers interviewed the individuals who asserted they were not required to show ID as they were employed at the bar and over 21.The three individuals were arrested after further investigation revealed all three were under 21, one of whom was employed as a bartender.
Depositions and court documents show that after the new law barred anyone from shipping cigarettes through the Postal Service, and major delivery companies like Fed Ex and UPS separately agreed to end deliveries, some reservation-based distributors simply turned to new networks of logistics and shipping companies to reach their customers. Some sites never asked buyers to prove their age, or even provide a real name.Paul Joyce, a lawyer for Regional Integrated Logistics, said the company “never knowingly violated any law” and had stopped all cigarette deliveries permanently in response to a court injunction last spring. Those two lawsuits were the latest in a string that have left the once-booming reservation cigarette businesses reeling, and questioning their future.Just a few years ago, an estimated 170 cigarette distributors on New York’s reservations were collectively purchasing many millions of cartons of name-brand cigarettes each year from state-licensed wholesalers, then reselling them to buyers eager to avoid sky-high taxes.“What the Iroquois people would tell you is, ‘We traded with each other a long time before any of you guys got here.'” John, the Seneca entrepreneur, said that cigarettes had created a new class of entrepreneurs among a people who had been impoverished for generations, but that he wouldn’t count on tobacco being part of the tribe’s economic solution for much longer.“They’ve made it very difficult for anyone to supply to you,” he said.