U.S. District judge hears food stamp backlog case against Alaska’s health department

Bulk nutrient successful Food Bank of Alaska’s Anchorage storage connected April 21, 2023. (Photo by Claire Stremple/Alaska Beacon)

U.S. District Court Judge Sharon Gleason is considering a lawsuit that asks nan tribunal to make judge nan authorities issues nutrient stamps connected clip aft years of chronic delays. She heard oral arguments Thursday successful Anchorage.

Ten Alaskans sued the authorities successful January of past twelvemonth because they said nan Department of Health grounded to supply nutrient stamps, besides known arsenic Supplemental Nutrition Assistance Program benefits, wrong nan clip frames required by national law.

Thousands of Alaskans waited months for national nutrient assistance past twelvemonth because nan state’s Division of Assistance had accumulated a backlog of situation proportions.

The lawsuit was delayed for a twelvemonth and a half because nan tribunal granted nan authorities a bid of stays to let it to activity connected its problems. Gleason ceased granting stays in February aft nan authorities stopped making advancement and relapsed into different backlog of nutrient stamp applications.

Lately, authorities officials say, they person worked done their backlog successful applications and are issuing timely benefits. The plaintiff’s latest filing says immoderate people still acquisition delays.

Nick Ferronti of nan Northern Justice Project represented nan plaintiff and asked nan tribunal to assistance a preliminary injunction and compel nan authorities to process nutrient stamp applications wrong nan clip limits established by national rule and to supply written announcement to immoderate family whose nutrient stamps will beryllium late, giving them an opportunity for a hearing.

“We’re present astir a preliminary injunction that could extremity Alaskans from going hungry,” he said.

Ferronti said Alaskans who activity nutrient stamps would proceed to acquisition irreparable harm if nan tribunal does not act.

“If we are depriving mediocre folks, if we are depriving nan indigent of their chance to simply get a wound to eat, well, that’s a harm that we cannot repair successful nan future, moreover pinch backmost benefits,” he said.

Lael Harrison, representing nan Alaska Department of Health, based on that a tribunal bid telling nan authorities to hurry up would beryllium excessively vague to beryllium useful. She cited the Federal Rules of Civil Procedure, which opportunity that a preliminary injunction must picture what it asks for successful reasonable detail.

“This projected bid … is not sufficiently circumstantial successful position that nan head of nan Division of Public Assistance could past cognize really to use it and cognize really to debar risking contempt done her actions going forward,” she said.

Harris besides said that a preliminary injunction would not lick nan rumor of delays successful exertion processing that nan authorities is already moving to solve.

“The Division of Public Assistance isn’t saying ‘Somebody other has to fig retired what we sewage to do.’ They figured retired what they sewage to do. They’re doing it. You tin spot nan results from it already,” she said.

“And truthful what much is this adding? What does this show them that they request to do that they’re not already doing?”

Farronti rebutted that logic.

“If we were successful a authorities wherever nan timeliness percent was 20% aliases 10% and nan authorities sewage up and said, ‘We’re doing everything we could do,’ there’s nary measurement a national judge would say, ‘Okay, it’s each good,’” he said.

“A national judge’s powerfulness does not extremity conscionable because nan authorities runs retired of ideas.”

Gleason said she would return nan matter nether advisement and did not springiness a timeline for her decision.