Vending

DC court dismisses Randolph Sheppard Act complaint

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August 16, 2021

The U.S. Court of Appeals for the District of Columbia Circuit on Friday dismissed a lawsuit by vending operators participating in the Randolph Sheppard program who claimed the district discriminated against them based on their blindness. The plaintiffs contended that the district conducts discriminatory inspections of vending facilities and fails to provide aids like human or electronic readers, according to the ruling.

The plaintiffs did not challenge these alleged practices through the Randolph Sheppard grievance procedure, the court ruled, but filed a lawsuit in federal district court alleging disability-based discrimination in violation of Title II of the Americans with Disabilities Act, section 504 of the Rehabilitation Act, and the District of Columbia Human Rights Act.

The district court dismissed the case for failure to exhaust administrative remedies under the Randoph Sheppard Act. The ruling stated that exhaustion was required because the claims challenged the district's operation or administration of its program, even if the claims also arose under the antidiscrimination statutes.

After the plaintiffs appealed the dismissal, they moved for relief from judgment, which the court denied.