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Case Name Seibert v. New York State Department of Tax and Finance PA-NY-0002
Docket / Court docket unknown ( State Court )
State/Territory New York
Case Type(s) Public Accomm./Contracting
Attorney Organization Emery Celli Brinckerhoff & Abady LLP
Case Summary
On March 3, 2016, a group of five women residents of New York State, filed this class action lawsuit in New York State Court against the New York State Department of Taxation and Finance. Plaintiffs claimed that the State's "Tampon Tax," which imposed a tax on the purchase of tampons and sanitary ... read more >
On March 3, 2016, a group of five women residents of New York State, filed this class action lawsuit in New York State Court against the New York State Department of Taxation and Finance. Plaintiffs claimed that the State's "Tampon Tax," which imposed a tax on the purchase of tampons and sanitary pads, violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, Article One of the New York Constitution, and New York tax law. Specifically, Plaintiffs alleged that the State discriminated against women by singling out tampons and sanitary pads for taxation, while exempting from all other medical products from tax, including those used exclusively by men, such as Rogaine or men's deodorant. Represented by private counsel, plaintiffs sought declaratory and injunctive relief and damages.

Shortly after plaintiffs filed their Complaint, the New York legislature passed legislation to end the tax. It was signed by Governor Cuomo in July of 2016. The new law fully repealed state taxes on tampons and sanitary pads.

The law mooted plaintiffs' claims for injunctive relief, and it appears they did not continue to pursue their claim for damages. The case has been closed since July of 2016.

Lauren Latterell Powell - 02/03/2018


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
State law
Defendant(s) New York State Department of Taxation and Finance
Plaintiff Description Five women residents of New York affected by the state's "tampon tax."
Indexed Lawyer Organizations Emery Celli Brinckerhoff & Abady LLP
Class action status sought Yes
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Mooted after New York passed legislation in response to plaintiffs' claims.
Source of Relief Unknown
Filing Year 2016
Case Closing Year 2016
Case Ongoing No
Additional Resources
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  Class Action Leads to End of Tampon Tax in New York State
Date: Jul. 21, 2016
(EMERY CELLI BRINCKERHOFF & ABADY LLP)
[ Detail ] [ External Link ]

Docket(s)
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General Documents
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