Erie County Legislator Timothy Kennedy wants to replace fellow Democrat Bill Stachowski as the State Senator for the Buffalo Region’s 58^th State Senate District.  He has an uphill battle, since Stachowski has represented this district for numerous years.

That may be why he is seeking help from the Seneca Indians. Kennedy recently proposed a resolution to the Erie County Legislature calling on the State to “abide by the treaties recognizing and protecting the sovereign rights of the Seneca Nation of Indians.”  Specifically, he wants the State Legislature to give up any attempt to collect taxes on cigarette sales at Indian stores.

Senator Stachowski disagrees.  He doesn’t buy the argument that the practice would violate treaties with the federal government.

The oft-cited Buffalo Creek Treaty of 1842 seems to ensure that Seneca land, not commerce, remains free of taxation. The US Supreme Court also has held that states may tax reservation sales to non-Indians.

So there is no doubt who the Seneca Indians want to see win the Democratic Primary, and they are “putting their money where their mouth is” . Seneca business owners have contributed $27,000 to Kennedy’s campaign.

The people of the 58^th Senate District should wonder which constituency Kennedy will represent should he be elected.