Tyson v. Norton

• Decision Date: 24 February 1975
• Docket Number: Civ. No. H-74-95.
• Citation: 390 F. Supp. 545
• Parties: Annie TYSON et al. v. Nicholas NORTON, Individually and as Commissioner of the State of Connecticut Welfare Department, et al.
• Court: U.S. District Court — District of Connecticut

390 F. Supp. 545

Annie TYSON et al. v. Nicholas NORTON, Individually and as Commissioner of the State of Connecticut Welfare Department, et al.

Civ. No. H-74-95.

United States District Court, D. Connecticut.

February 24, 1975.

COPYRIGHT MATERIAL OMITTED

Marilyn K. Katz, and Ira Horowitz, Bridgeport Legal Services, Inc., Bridgeport, Conn., Charles A. Pirro 3rd, Norwalk Legal Services, Inc., South Norwalk, Conn., James C. Sturdevant, Tolland-Windham Legal Assistance, Rockville, Conn., for plaintiffs.

Edmund C. Walsh, Asst. Atty. Gen., Hartford, Conn., for defendants.

MEMORANDUM OF DECISION

BLUMENFELD, District Judge.

This case is a multi-pronged attack upon the administration of the Food Stamp program in the state of Connecticut. At stake is the very ability of thousands of low-income households in this state to obtain for themselves the means for affording a nutritiously adequate diet. As both the cost of food and the rate of unemployment climb during the depression we are suffering in this normally prosperous state, it must be apparent that the need for an effective, efficient and humanely operated food stamp program is becoming ever more imperative. Plaintiffs challenge the effectiveness of the program as currently administered, contending that in a variety of ways the defendants are violating both the letter and spirit of the Food Stamp Act, 7 U.S.C. §§ 2011-2025 (1970), and the regulations and instructions promulgated thereunder by the Food and Nutrition Service (FNS) of the Department of Agriculture, the federal agency charged with overseeing the operation of the food stamp programs in the various states.

After listening to three days of testimony and examining numerous briefs, affidavits, deposition transcripts and exhibits submitted by the parties, this court has become convinced that there are serious deficiencies in the manner in which the state is operating its food stamp program. While there are often external factors beyond the control of any government agency which may account for inadequate administration of a program, the inadequacy in this case seems to be explainable in terms of foot-dragging efforts somewhat more noticeable than a simple lack of enthusiasm. By so limiting its efforts, the defendants have acted in derogation of the purpose of the Food Stamp Act, best articulated in the congressional declaration of policy at 7 U.S.C. § 2011 (1970):

"It is hereby declared to be the policy of Congress, in order to promote the general welfare, that the Nation's abundance of food should be utilized cooperatively by the States, the Federal Government, local governmental units, and other agencies to safeguard the health and well-being of the Nation's population and raise levels of nutrition among low-income households. The Congress hereby finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. The Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of our agricultural abundances and will strengthen our agricultural economy, as well as result in more orderly marketing and distribution of food. To alleviate such hunger and malnutrition, a food stamp program is herein authorized which will permit low-income households to purchase a nutritionally adequate diet through normal channels of trade."

The Food Stamp Act was passed in 1964 and was designed to operate in a relatively simple manner in order to insure that all needy households would receive food stamps. At the national level the program is administered by the Food and Nutrition Service of the Department of Agriculture. It is charged, inter alia, with establishing national eligibility standards, including income and work requirements. 7 U.S.C. § 2014 (b), (c), (d) (1970). It is worth noting that states have a choice as to whether they will participate in the food stamp program. But once the decision to participate is made, a state is bound to follow the requirements of 7 U.S.C. § 2019 (1970) which provides, inter alia, that the state is charged with the responsibility of certifying eligible households. Moreover, the state, pursuant to 7 U.S.C. § 2019 (e), must submit a plan of operation to the FNS for its approval. The financial burden imposed upon the state is almost de minimis. Not only does the federal government pay for 100% of the benefits received by the participants, it will also reimburse the state for 50% of the cost of administering the program. Food Stamp Reg. § 271.2, 40 Fed.Reg. 1887 (1975). Connecticut has elected to participate in the food stamp program and thus has subjected itself to the requirements of the federal statute and regulations in operating its program.

The scheme itself is simple. Eligible households may purchase stamps at less than their face value. The number of stamps which they are entitled to purchase and the amount which they must pay for them is determined on the basis of nationally established standards. The amount which they must pay is called the "purchase requirement." Food Stamp Reg. § 270.1(qq), 40 Fed.Reg. 1883 (1975). The difference between the face value of the stamps and the "purchase requirement" is referred to as the "bonus." In many states, including Connecticut, the participating households are not issued food stamps directly by the issuing agency (in Connecticut, the Department of Welfare, see Conn. Gen.Stat.Ann. § 17-12a (Supp.1974) ). Rather, they are given an Authorization to Purchase (ATP) card which states on its face the amount that the household is entitled to purchase and the "purchase requirement." The participating householder then takes the card to a bank and buys the food stamps. These stamps are acceptable at their face value at participating food stores and, in some cases, participating dining facilities.

Plaintiffs in this case are a number of food stamp eligible Connecticut citizens who have experienced a variety of difficulties in either making their initial application or during the course of their participation in the food stamp program. Their complaint raises several issues on behalf of themselves and the classes which they seek to represent in this action: (1) the state has failed to meet its obligation to "undertake effective action . . . to inform low-income households concerning the availability and benefits of the food stamp program and insure the participation of eligible households." 7 U.S.C. § 2019(e)(5) (1970); (2) the state has failed to allow applicants to apply for food stamps when they first express a desire to apply and has imposed great burdens upon applicants by refusing to conduct telephone interviews and only providing home interviews under rare circumstances; (3) the state fails to process applications within the 30-day period required by law; (4) the state has failed to grant automatic forward adjustments for those persons whose applications are not processed within 30 days; (5) the state has failed to provide immediate emergency authorizations to applicants with zero purchase requirement; (6) the state has failed to provide immediate certifications for households on general assistance; (7) the state has failed to provide ATP cards prior to the next issuance date for those households whose ATP cards are either lost, stolen, rendered unusable or not mailed through administrative error; (8) the state has failed to implement a variable purchase option plan that conforms to federal standards; (9) the state has failed to implement a program to provide for 60-day continued certification for those persons who move within the state; and (10) the state is violating the plaintiffs' rights to equal protection of the law by refusing to provide benefits from the date of application, rather than the date on which an application is approved.

Preliminary Matters

There are several preliminary matters which must be considered before proceeding to the merits. First, although the defendants have not challenged the jurisdiction of this court, the plaintiffs have extensively briefed the issue and argued that any one of a number of bases exist for jurisdiction. It is not necessary to discuss the issue in detail, because 28 U.S.C. § 1337 (1970) provides a jurisdictional basis for this action.

That provision grants original jurisdiction to the district courts "of any civil action or proceeding arising under any Act of Congress regulating commerce . . .." As one of the articulated purposes of the Food Stamp Act is to "strengthen our agricultural economy, as well as to result in more orderly marketing and distribution of food," 7 U.S.C. § 2011 (1970), it is clear that this action arises out of an Act of Congress which regulates commerce. Lidie v. State of California, 478 F.2d 552 (9th Cir. 1973); Bennett v. Butz, 386 F.Supp. 1059 (D.Minn.1974); Giguere v. Affleck, 370 F.Supp. 154, 157 (D.R.I.1974); Moreno v. U. S. Dept. of Agriculture, 345 F.Supp. 310, 312-313 (D.D.C.1972), aff'd, 413 U.S. 528, 93 S.Ct. 2821, 37 L.Ed.2d 782 (1973).

Second, the plaintiffs seek class certification of this action pursuant to Fed R.Civ.P. 23. Their proposed definition of the class is set out in the margin.¹ More accurately, they seek certification of a series of classes, each composed of all those who are aggrieved by the various policies of the defendants which are under attack in this action. The requirements of Rule 23(a) and (b)(2) have been satisfied in all but one instance. That exception involves a challenge to the alleged failure of the defendants to implement a 60-day continuing certification plan for those participating households who move within the state. For reasons that will be fully discussed infra, none of the named plaintiffs has standing to raise that issue and therefore there is no class representative. With regard to all other claims, the classes are...