Texas State Comm’n for the Blind v. United States

 
APPEAL NO.
85-1954
OP. BELOW
CC
SUBJECT
Randolph-Sheppard Act
AUTHOR
Nies

Question(s) Presented

“[W]hether a regulation of the Department of Defense (DOD) reasonably interprets the scope of the statutory exemption provided for military exchanges from the requirements of the Act that income from vending machines on federal property be shared with blind vendors and/or state blind agencies.”

Holding

“After considering the ambiguities in the statutory language, the legislative history supporting DOD’s position, the purpose of the exemption, and the status of the military exchanges as non-appropriated fund instrumentalities performing essential government services, we are convinced that DOD’s regulation is reasonable and is not in conflict with the intent of Congress as expressed in the statute.”