Press Release 2022-32 Ninth Circuit Court Preserves Opportunities for Blind Sellers
Posted on September 2, 2022 in Latest Department News, Newsroom
HONOLULU – In an opinion issued on August 30, 2022, the United States Court of Appeals for the Ninth Circuit found in favor of the Department of Human Services’ Ho`opono Vocational Rehabilitation program. The Ho`opono program sued the military for failing to provide business opportunities to the blind at Schofield Barracks under the Randolph-Sheppard Act, a federal law enacted to ensure those business opportunities would be available. The unanimous decision by a three-judge panel preserves opportunities for blind-owned and operated small businesses.
The Randolph-Sheppard Act requires federal programs, including the military, to give blind and visually impaired participants a preference in contracting when the federal program needs a sales facility or cafeteria contract. The Ho`opono program provides comprehensive and specialized services for the blind and visually impaired. These services include supporting blind or visually impaired individuals who own and operate retail and cafeteria facilities in accordance with the Randolph-Sheppard Act.
For many years, a blind vendor from the Ho`opono program ran the cafeteria at Schofield Barracks. In 2017, the Army decided to take this opportunity away from the blind seller and give it to another small business. The Ho`opono Program filed a federal lawsuit, and the Ninth Circuit agreed that the military did not have the authority to deny the blind vendor the opportunity to operate the cafe.
Special Deputy Attorneys General Dan Edwards and Ryan Goellner were lead counsel representing Ho`opono with the Attorney General’s Department. “The Special Deputies in this case have invaluable expertise in military contracting,” said Attorney General Holly Shikada. “They helped us get much needed clarity in this area. The court’s decision is an important affirmation for Ho`opono and similar blind vendor programs around the country that providing opportunities for economic advancement for the blind and visually impaired is not just the right thing to do. done, but a requirement of federal law. “
Lea Dias, Administrator for the Ho`opono program, reacted to the decision saying, “This victory brings us one step closer to providing an opportunity for a blind businessman to achieve the American dream of economic independence through perseverance and hard work. We are deeply grateful for the support, guidance and tremendous hard work from our legal team.”
The military may seek to appeal the decision to a full panel of the Ninth Circuit or to the United States Supreme Court.
A link to the decision can be found here.
For more information, contact:
Gary Yamashiroya
Special Assistant to the Attorney General
(808) 586-1284
Email: [email protected]
Web: http://ag.hawaii.gov
Twitter: @ATGHIgov
Amanda Stevens
Public Information Officer
Department of Human Services
Email: [email protected]
