USDA, Two Officials Facing Lawsuit Claiming ‘D-SNAP’ Hurricane Irma Food Program Violates ADA

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A proposed class action has been filed against the United States Department of Agriculture, its secretary, and the secretary of Florida’s Department of Children and Families on behalf of Hurricane Irma survivors with disabilities who the lawsuit says have been or may be excluded from participation in the federal Hurricane Irma Disaster Supplemental Nutrition Assistance Program, known as Irma D-SNAP or “Food for Florida” (FFF). Filed by non-profit groups Miami Workers Center and New Florida Majority and two individuals who meet income and asset requirements for D-SNAP participation, the 45-page complaint aims to take the defendants to task for their alleged failure to put in place policies and procedures necessary to ensure ADA-covered individuals are afforded reasonable accommodations for their conditions. 

The complaint explains that the D-SNAP program was set up to provide food to individuals affected by Hurricane Irma. A shortcoming of the program, the lawsuit says, is that assistance sites are only open and operational for between two and eight days, which the plaintiffs argue can be problematic for ADA-covered individuals since all applicants are required to travel in person to designated D-SNAP sites to be interviewed on specific days. According to the lawsuit, D-SNAP’s limited availability has led to lines “as long as 50,000 persons or more,” as well as “well-documented chaos and early closures of locations by orders of police due to safety and health concerns.”