Everhart v. Knebel

424 F. Supp. 390, 1976 U.S. Dist. LEXIS 11759
CourtDistrict Court, D. Connecticut
DecidedDecember 20, 1976
DocketCiv. No. H-76-392
StatusPublished

This text of 424 F. Supp. 390 (Everhart v. Knebel) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Everhart v. Knebel, 424 F. Supp. 390, 1976 U.S. Dist. LEXIS 11759 (D. Conn. 1976).

Opinion

RULING ON MOTION FOR PRELIMINARY INJUNCTION

BLUMENFELD, District Judge.

The plaintiffs, Nancy Everhart, 53 years old, and her husband, William Everhart, 50 years old, are severely handicapped persons who have suffered from cerebral palsy since birth. They have been certified as eligible to participate in the Federal Food Stamp Program, 7 U.S.C. § 2011, et seq. They are also eligible to take part in the “Meals-on-Wheels” program operated by the Manchester Homemaker Service, Inc., a nonprofit agency which delivers meals to the homes of disabled persons. However, the plaintiffs are not able to utilize their food stamps to purchase the “Meals-on-Wheels” service solely because they are not “elderly” as required by 7 U.S.C. § 2019(h). In this action, they claim that this limitation on the use of their food stamps violates their fifth and fourteenth amendment right to equal protection of the law.

At this stage of the litigation, the plaintiffs seek a preliminary injunction enjoining the defendants from preventing the use of their food stamps to purchase the “Meals-on-Wheels” service. The defendants are the Secretary of the United States Department of Agriculture (“U.S.D.A.”), the Director of the Food Stamp Program for the State of Connecticut Department of Social Services and the Commissioner of the Connecticut State Department of Social Services. Jurisdiction lies in this court pursuant to 28 U.S.C. § 1337 and 1343(3).

I. The Facts

The parties have stipulated to the following facts. Plaintiffs’ sole sources of income are the Supplemental Security Income and Supplemental Payments from the State of Connecticut Department of Social Services. They receive approximately $286 a month. Based upon their level of income, plaintiffs have been certified as a household eligible to participate in the Federal Food Stamp Program, 7 U.S.C. §§ 2012(e), 2014, and are authorized to purchase $92 in food coupons in exchange for $50 in cash.1

“Meals-on-Wheels” is a community-based service which delivers properly planned nutritional meals to persons like the plaintiffs, who as a result of handicaps are unable to purchase and prepare meals at home, or can only do so with great difficulty. The program run by the Manchester Homemaker Service, Inc. provides two meals a day, five days a week, to 25 persons in Manchester. The program charges $17.50 per week to each person who receives this service. On July 28,1976, pursuant to 7 U.S.C. § 2019(h) and 7 C.F.R. § 272.1, the Manchester Homemaker Service, Inc. was certified by the Federal Nutritional Service of the United [393]*393States Department of Agriculture to redeem food stamps from eligible households for “Meals-on-Wheels.”

Title 7, U.S.C. § 2019(h) permits “members of an eligible household who are sixty years of age or over or an elderly2 person and his spouse” to use food stamps to purchase “Meals-on-Wheels” provided that such persons are “housebound, feeble, physically handicapped, or otherwise disabled, to the extent that they are unable to adequately prepare all of their meals.”3 In accordance with this provision, the Secretary of U.S.D.A. has promulgated a regulation, 7 C.F.R. § 271.3(a)(2), which requires that food stamp recipients who desire to use their food stamps in exchange for the cost of a certified “Meals-on-Wheels” program must be over 60 years of age and handicapped.4 Because of these requirements, the plaintiffs, who are under 60 years of age, are unable to use their food stamps to purchase “Meals-on-Wheels.” This is so despite the fact that their disabilities make them eligible for “Meals-on-Wheels” and their low level of income entitles them to receive food stamps.

II. The Propriety of Preliminary Injunctive Relief

At this time, the plaintiffs are seeking a preliminary injunction, Fed.R.Civ.P. 65(a), enjoining the defendants from preventing the use of their food stamps to purchase the “Meals-on-Wheels” service. The well-established test of the Second Circuit is that a preliminary injunction will issue

“only upon a clear showing of either (1) probable success on the merits and possible irreparable injury, or (2) sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly toward the party requesting the preliminary relief.”

[394]*394Sonesta Int’l Hotels Corp. v. Wellington Associates, 483 F.2d 247, 250 (2d Cir. 1973); Triebwasser and Katz v. American Tel. and Tel. Co., 535 F.2d 1356, 1358 (2d Cir. 1976). It is the second test that is applicable to the present case.

A. The Seriousness of the Questions on the Merits

Title 2, U.S.C. § 2019(h) establishes a classification between those food stamp recipients who are over 60 years of age and are “housebound, feeble, physically handicapped, or otherwise disabled, to the extent that they are unable to adequately prepare all of their meals,” and those with identical disabilities who are under 60 years of age. The plaintiffs’ ultimate contention is that this classification violates their right to equal protection of the law.5 Their claim challenges the under-inclusiveness of a statutory benefit, rather than the creation of an unequal burden by a statutory classification. Cf. Vaccarella v. Fusari, 365 F.Supp. 1164, 1170 (D.Conn.1973). Under these circumstances, the appropriate equal protection standard is whether “the classification itself is rationally related to a legitimate governmental interest.” United States Department of Agriculture v. Moreno, 413 U.S. 528, 533, 93 S.Ct. 2821, 2825, 37 L.Ed.2d 782 (1973).6 This test necessitates a study of the legislative purposes underlying the Food Stamp Act generally and 7 U.S.C. § 2019(h) specifically.

Although a federal statute is “entitled to a strong presumption of constitutionality,” Mathews v. de Castro,-U.S. -, -, 97 S.Ct. 431, 434, 50 L.Ed.2d 389 (1976), there is a “serious question” whether the legislative purposes of the Federal Food Stamp Act in general and § 2019(h) in particular are rationally advanced by the classification at issue.

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Bluebook (online)
424 F. Supp. 390, 1976 U.S. Dist. LEXIS 11759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everhart-v-knebel-ctd-1976.