Texas State Commission for the Blind and State of Texas v. The United States

SMITH, Circuit Judge, with whom NEWMAN, Circuit Judge,

joins, dissenting.

I respectfully dissent.

The purpose of the Randolph-Sheppard Act is to create employment opportunities for the blind by requiring a priority for blind vending stands on all federal property. The priority is achieved and protected by requiring that income from vending machines operated by competitors must be shared with the blind vendors.

At issue in this appeal is the meaning of the exemption from income sharing for “vending machines within retail sales outlets under the control of exchange or ships’ stores systems.”1 Also…