NARRAGANSETT INDIAN TRIBE OF R.I. v. RHODE ISLAND

No. C.A. 03-296S.

296 F.Supp.2d 153 (2003)

NARRAGANSETT INDIAN TRIBE OF RHODE ISLAND, Plaintiff, v. The State of RHODE ISLAND and Providence Plantations; Governor Donald L. Carcieri, State of Rhode Island, in his official capacity; Patrick C. Lynch, Rhode Island Attorney General, in his official capacity; Rhode Island State Police; Colonel Steven M. Pare, in his official capacity; Justices of The Rhode Island District and Superior Courts; Town of Charlestown; and Charlestown Police Department, Defendants. State of Rhode Island, by and through the Attorney General, Patrick C. Lynch, Plaintiffs, v. Narragansett Indian Tribe of Rhode Island also Known as the Narragansett Tribe of Indians and Does 1 through 100, Defendants.

United States District Court, D. Rhode Island.

December 29, 2003.


Attorney(s) appearing for the Case

John F. Killoy, Esq., Wakefield, RI, Douglas J. Luckerman, Esq., Lexington, MA, for Narragansett Indians.

Neil F.X. Kelly, Esq., Providence, RI, for State of Rhode Island; Patrick C. Lynch, in his capacity as Attorney General; Steven M. Pare, in his capacity as Colonel of the Rhode Island State Police; Justices of the Rhode Island District and Superior Courts.

Andrew M. Hodgkin, Esq., Claire J.V. Richards, Esq., Providence, RI, for Donald L. Carcieri, in his capacity as Governor of the State of Rhode Island.

Joseph S. Larisa, Jr., Esq., Providence, RI, for Town of Charlestown and Charlestown Police Department.

Gavin Clarkson, Esq., University of Michigan, Ann Arbor, MI, for Gavin Clarkson, Amicus Curiae.

Lynette J. Labinger, Esq., Roney & Labinger, Providence, RI, for Rhode Island Affiliate, American Civil Liberties Union, Inc., Interested Party.

Marilyn J. Ward Ford, Esq., Quinnipiac University School of Law, Hamden, CT, for New York Brothertown Indian Nation, Interested Party.


DECISION AND ORDER

SMITH, District Judge.

The oftentimes tumultuous relationship between the State of Rhode Island ("State") and the Narragansett Indian Tribe of Rhode Island ("Tribe" or "Narragansetts") brings the parties once again to court; the matter in dispute is whether the Tribe may operate a "smoke shop" on its settlement lands unfettered by the State's cigarette tax laws.

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