ST. LOUIS – A Missouri grocery store is suing the U.S. Department of Agriculture challenging its decision to permanently disqualify the store from the Supplemental Nutrition Assistance Program based on allegations of trafficking.
Plaintiff Ninety Nine Plus filed a lawsuit in federal court against the USDA.
According to court documents, the USDA, through its Food and Nutrition Service, administers the Supplemental Nutrition Assistance Program (SNAP) program. On October 16, 2023, the USDA issued a decision permanently disqualifying the plaintiff from participating in SNAP. The USDA asserted that the decision was based on substantial evidence indicating questionable transactions during a specific focus period, which allegedly deviated from legitimate sales practices for stores of similar type, size, and makeup.
Ninety Nine Plus, which operates a grocery and convenience store in St. Louis, challenges the USDA's decision, alleging procedural errors, a lack of evidence, and unfair treatment.
The plaintiff's complaint initiated this legal action by filing a complaint for judicial review. The complaint argues that the USDA's decision was arbitrary, capricious, and unreasonable, citing multiple grounds for reversal, including allegations that the plaintiff did not engage in trafficking, the USDA failed to produce sufficient evidence, and errors during the internal review process.
The plaintiff seeks a "trial de novo" by the court, wherein the court “shall determine the validity of the questioned administrative action.” Additionally, the plaintiff has requested a stay of the administrative action during the legal proceedings, emphasizing potential irreparable harm as the plaintiff's ability to accept SNAP benefits has been suspended, affecting its customers and overall operation.
The plaintiff is represented by attorney Jay L. Kanzler Jr. of Witzel Kanzler & Dimmitt in St. Louis.