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Randolph-Sheppard Act

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For over 15 years, Brown, Goldstein & Levy, LLP has been a national leader fighting to protect the rights of blind vendors under the Randolph-Sheppard Act. In 1987 we represented a group of Maryland vendors, ultimately obtaining an agreement lowering the amount of set-aside collected by more than two-thirds. Since that first case, we have represented blind vendors, groups of vendors, state licensing agencies, and the National Federation of the Blind throughout the United States in arbitrations, trial courts, and appellate courts.

We have won several precedent-setting Randolph-Sheppard cases, including the first decisions to apply the Act to the Department of Veterans Affairs and the Veterans Canteen Service and to military mess halls. Minnesota v. Riley, 18 F.3d 606 (8th Cir. 1994), 107 F.3d 648 (8th Cir. 1997); NISH v. Cohen, 247 F.3d 197 (4th Cir. 2001), aff'g 95 F. Supp. 2d 497 (E.D.Va. 2000); NISH v. Rumsfeld, 188 F. Supp. 2d 1321 (D.N.M. 2002). These cases also established that federal agencies could not charge commissions on vending machine receipts and that the Veterans Canteen Service could not install vending machines in competition with a machine-only vending facility.

Among the cases in which we have been involved are:

• Reversing a decision to terminate a vendor's license;
• Obtaining vending commissions due from the Postal Service;
• Expanding the types of items offered for sale by a vendor;
• Challenging conflicts of interest in the award of new location;
• Recovering unassigned vending machine income belonging to vendors' retirement funds;
• Representing vendors in negotiations with teaming partners for the operation of cafeterias and mess halls.