By JAMES FINK
jfink@bizjournals.com | 716-541-1611

Nearly seven out of every 10 New Yorkers support Indian nation treaties that offer protection against collecting taxes on Native American-sold goods.

The poll, conducted the week of Aug. 23 by Zogby International, shows that 68.4 percent of 702 survey respondents think New York should honor existing treaties.

Additionally, 79.5 percent have favorable opinions of Native American nations and tribes and 74 percent hold favorable views of Native American people in general.

The poll was commissioned by the Seneca Nation of Indians as cash-starved New York attempts to collect sales and other taxes on tobacco products sold by Native American tribes to non-Indians. The Seneca Nation filed a lawsuit in U.S. District Court, Western District of New York, challenging amendments to the state tax law that were enacted June 21 by lawmakers.

The nation has pressed Gov. David Paterson to postpone a projected Sept. 1 starting date of the new collection policy.

It also filed a motion with U.S. Federal Court Judge Richard Arcara seeking a temporary restraining order against the state's tobacco sales tax collection bid. He is slated to hear arguments concerning the motion Friday afternoon.

"New York state government officials don't get it," said Barry Snyder Sr., Seneca Nation president. "They are willing to ignore those treaties and the will of the people of New York in the endless quest to generate new revenues to balance their budget."

Paterson proposed the sales tax collection as part of a package to help New York ease its projected $9 billion budget deficit.

Senecas and other Indian tribes are protected under an 1842 federal treaty that bars taxation of Native American businesses.

The same Zogby poll found that 66.3 percent have unfavorable views of the state Legislature and 55.4 percent give low marks to Paterson.

"This is especially heartwarming for all Haudenosaunee Nations as the state is poised to enforce its illegal sales tax scheme on Sept. 1," Snyder said. "Rather than pursuing unlawful and ill-advised tax policies that stifle economic growth and chase people to other states, the state Legislature should begin to exercise some fiscal discipline and pursue measured policies that foster economic opportunities.

Simply put, they should stop trying to balance their budgets on the backs of the Haudenosaunee and work with us to grow our very successful businesses."