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WARD v. NEW YORK

No. 03-CV-485S.

291 F.Supp.2d 188 (2003)

Anna L. WARD a/k/a Big Indian Smoke Shop, and Barry Snyder, Jr. a/k/a Jr's Smoke Shop, Plaintiffs, v. The State of NEW YORK, Eliot Spitzer, in his Official Capacity as Attorney General of the State of New York, Antonia C. Novello, M.D., in her Official Capacity as Commissioner of Health for the State of New York, and Arthur J. Roth, in his Official Capacity as Commissioner of Taxation and Finance of the State of New York, Defendants.

United States District Court, W.D. New York.

August 19, 2003.

Attorney(s) appearing for the Case

Paul Cambria, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, NY, for Plaintiffs.

Stephen F. Gawlik, Assistant Attorney General, Buffalo, NY, for Defendants.

DECISION AND ORDER

SKRETNY, District Judge.

I. INTRODUCTION

One of federalism's fundamental principles is that the States are primarily responsible for protecting the health, safety, and welfare of their citizens. As such, the State of New York has a legitimate and substantial interest in enacting laws and regulations pursuant to its historic police power. On the other hand, Indian tribes have a unique sovereign status, recognized by the Supreme...

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