East Village New Deli Corp. v. United States Of America

Background

East Village New Deli Corp. brought an action seeking review of a final agency decision permanently disqualifying the plaintiff from participating in the Supplemental Nutrition Assistance Program (SNAP). The United States and Thomas J. Vilsack were identified as defendants.

The Government asked the court for permission to file a redacted version of the certified administrative record on the public docket. The record contained information about electronic benefits transfer card recipients and stores participating in SNAP, including Food and Nutrition Service numbers, electronic benefits transfer card numbers, household numbers, and other confidential or personal information.

Arguments and Ruling

The Government relied on privacy protections in the Privacy Act, the Food and Nutrition Act of 2008, and related federal regulations. It argued that redaction was appropriate despite the general presumption that court filings are publicly accessible because the privacy interests of third parties outweighed the value of public access to the redacted information. The Government also noted that courts in similar SNAP disqualification cases had allowed the Government to submit redacted administrative records. The plaintiff consented to the request.

Judge Paul A. Engelmayer granted the request. The order allowed the Government to file a redacted version of the certified administrative record on the public docket. The opinion does not decide the merits of the plaintiff’s challenge to the SNAP disqualification.