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‘No longer legal’: Federal court decision blocks SNAP food restrictions in several states including Nebraska and Iowa
, Neb. —
A federal judge halts restrictions for Supplemental Nutrition Assistance Program, or SNAP, benefits.
The recent decision in federal court said the USDA does not have authority to run this type of project.
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This year, Nebraska, Iowa and a handful of other states banned SNAP users from buying sugary food and drink items with their benefits.
READ MORE: SNAP changes go into effect Jan. 1 for Nebraska, Iowa
But according to the court documents, the federal judge finds the USDA bypassed federal law requirements when giving the green light to launch these state projects.
“The courts have decided that these law, these restrictions, are no longer legal,” Eric Savaiano with Nebraska Appleseed said. “So, they’re under a court order to cease and desist.”
Nebraska Appleseed is an advocacy organization which pushed back on the state’s decision to ban SNAP users from buying certain grocery items in the store.
“We will continue to fight for Nebraskans and their rights to choose the food that they eat at the grocery store, just like everybody else,” Savaiano said.
He said fewer card swipes at the grocery store have a trickle-down effect.
“SNAP is an economic engine, and the less people that participate, or the fewer retailers who use it, it means that those economies are going to suffer,” he said.
The Nebraska DHHS said it’s currently reviewing the decision and is waiting on guidance from the federal U.S. Department of Agriculture.
At this time, it’s unclear if the SNAP ban is paused or still in effect.
KETV NewsWatch 7 reached out to Nebraska Attorney General Mike Hilgers office about if and/or how the state will respond, they did not have a comment at this time.
“There is a chance that this decision will get appealed,” Savaiano said.
In a statement to KETV, the USDA said “The idea that taxpayer funds should not be used to purchase junk food should not be controversial. USDA will not be backing down from the fight to Make America Healthy Again, including for families and communities reliant on SNAP.”
However, Savaiano said the restrictions impact the 130,000 Nebraska using SNAP benefits at the cash register.
“These restrictions have the potential to make it a lot harder for people in rural Nebraska, in places where they’re not a lot of places to buy food,” Savaiano said.
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