NYC sues FedEx for illegally shipping cigarettes to homes

New York politicians bent on balancing their Pork Barrel budget on the backs of smokers have not studied the reason for the Boston Tea Party (the original one, not the one that frustrates Rep. Pelosi.) The Constitution was constructed to allow free trade between the states without taxes on goods moving between the states. So called sales and use taxes have been allowed by a liberal interpretation of the commerce clause. They are also to be laid at the point of sale, not at the point of consumption. New York cannot tax the "Indians" so they go after the common carrier. This is unfair to the Indians, as a restraint of trade to favor sellers of tobacco in their city. It is unfair to the buyer who bought goods from a legitimate seller and used a common carrier to ship the goods to them.

I have no use for smokers, but I don't think any layer of government should be extracting money under the name of "tax" that is not collected from all persons at the same rate.

Not that I have shipped FedEx in a while, however I cannot help but wonder if they, or any other package carrier, must open and examine the contents of any parcel prior to acceptance. I rather doubt that has or ever will happen. Save that, unless there is some sort of declaration signed by the shipper prior to acceptance, how can any carrier know for sure what is inside the parcel?

For all the DA in New York knows, I ordered two boxes of pipe cleaners on the Internets, and had them shipped to a teacher in the Bronx for her student's arts & crafts projects. If they had operated a sting, fine, the packages they received may have contained contraband material. However, in no way could they ever prove the rest of the parcels shipped from that business had contraband unless they personally inspected them.

In other words, the case is worthless.

NYC politicians promoting the exodus of business from the city. That exodus will only accelerate with the policies of the new mayor and the availability of alternative locations free of state and local taxes.