BUFFALO, N.Y., June 29 (UPI) -- A federal judge in western New York granted a tobacco retailer a temporary reprieve from a new federal tobacco law that requires sellers to pay local taxes.
The Prevent All Cigarette Trafficking Act that went into effect Tuesday bans shipping tobacco products through the U.S. Postal Service, but also mandates retailers who sell cigarettes online pay state and local taxes, which requires complying with thousands of different local tax laws, The Buffalo (N.Y.) News reported Tuesday.
"We're not only taking about 46 states or a couple of taxing jurisdictions," said attorney Lisa Coppola, representing the Seneca Smokeshop.
She said Aaron Pierce, a member of the Seneca Nation of Indians, would lose his business if he had to obey the law.
Coppola asked for a reprieve from the law while Pierce challenges its constitutionality in court.
Judge Richard Arcara allowed for a 14-day restraining order, asking the government and the retailer to return to court July 7, so he could consider the request.
In his written order, Arcara said there was a likelihood the retailer could prove the PACT act unconstitutional.
The 14-day reprieve was warranted because, "the public favors restraining enforcement of statutes that appear to violate provisions of the Constitution," he wrote.
The stay includes the Smokeshop and Pierce. It was not written to include other tobacco retailers, the News said.