He disagrees with the tribe for seeking judicial relief from new state tax-code regulations.
Jump to full article: Tulsa (OK) World, 2010-01-30
Author: CLIFTON ADCOCK World Staff Writer
Intro: A state lawmaker on Friday blasted a federal lawsuit filed by the Muscogee (Creek) Nation against state officials and agencies over revisions made to the state tax code that affect the tribe's tobacco sales.
Rep. Doug Cox, R-Grove, called the suit, filed Jan. 11 in federal court in Muskogee, a "poor use of tribal resources" and accused Principal Chief A.D. Ellis of trying to continue policies that harm tribal members.
Cox, a physician, is a member of the Legislature's Native American Caucus and is of Creek heritage.
The lawsuit asks the court to rule that the state cannot enforce tax-code regulations that took effect Jan. 1. . . .
The Creek Nation is one of the only federally recognized tribes in Oklahoma not to have a tobacco agreement with the state, and although states usually have very little jurisdiction in Indian Country, the state of Oklahoma has told the tribe that it intends to enforce civil and criminal aspects of the tax code, according to the tribe.
The lawsuit lists Gov. Brad Henry, Attorney General Drew Edmondson, and the Oklahoma Tax Commission and its officials as defendants. . . .
Cox said the tribe's practice of selling low-cost, no-tax cigarettes manufactured by other tribes endangers young people and hurts American Indians, who often have higher rates of smoking and diabetes.
"Chief Ellis should be ashamed for pursing policies that allow the Creek Nation to skirt the regulations of Senate Bill 608 that affect tribal smokeshops," he said in a news release. "The chief wants to continue his policy that is hazardous to all Oklahomans, and particularly his tribal members."
Cox said members of the Creek Nation should be irate, and he encouraged Ellis to "invest what his lawsuit is going to cost in things that benefit his constituents, rather than harm them."
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