REVIEW STAFF
Yakama Nation Tribal Court has rescheduled a hearing that may determine whether that court has the authority to stop implementation of a new cigarette tax compact between the Nation and the state Department of Revenue.
The Washington Legislature last week authorized Gov. Christine Gregoire to enter the proposed compact, but a Yakama tribal judge had issued a temporary restraining order Jan. 29, preventing enforcement of the compact until the hearing on jurisdiction and the issuance of a permanent order could be scheduled.
The April hearing will give attorneys from the Washington Attorney General’s Office the opportunity to argue that the court has no jurisdiction to issue that permanent restraining order, which is being requested in a lawsuit brought by an enrolled Yakama, Kip Richard Ramsey.
Ramsey is a tribal businessman who is involved in the manufacture of cigarettes on the Yakama reservation, and in other enterprises.
He maintains that tribal law says the compact, which was worked out between members of the tribal council, the general council, and DOR representatives, is not valid until approved by the general tribal membership.
Tribal Council Chairman Ralph Sampson has defended the proposed compact, saying that the Treaty of 1855 is not waived, altered, or diminished in any way, the treaty travel right is expressly honored and protected, and there will be no taxation on Yakamas who buy cigarettes on the reservation.
However, Ramsey’s attorney, George Colby of Toppenish, said in a press release last week that the terms of the proposed compact have not been disclosed to the tribe’s rank and file.
He also said that attorneys for the governor and other named defendants in the Ramsey suit have refused to provide a copy of the proposed compact.
Colby said that when the hearing does take place, the judge could choose to rule immediately following the conclusion of arguments.
If the new compact is put into force, it will allow Yakama reservation smoke shops to sell cigarettes that are taxed at 80 percent of the state cigarette tax rate for the first six years the agreement is in force.