New Orleans Workers Center for Racial Justice

217 N. Prieur St., New Orleans, Louisiana 70112

Telephone: (504) 309-5165
www.nowcrj.org

STAND with Dignity

December 10, 2015
Secretary Suzy Sonnier
Louisiana Department of Children
And Family Services
627 N. Fourth St.
Baton Rouge, LA 70802

Via Certified Mail/RRR No.:

Governor Bobby Jindal

PO Box 94004
Baton Rouge, LA 70804-9004

Via Certified Mail/RRR No.:

__________________________________
And Via Electronic Mail to:
melissa.mann@la.gov

Governor-Elect John Bel Edwards

Via Electronic Mail to:

edwardsj@legis.la.gov

Re:

And Via Electronic Mail to:

suzy.sonnier@la.gov

January 1 Termination of 62,500 Food Stamp recipients without Due

Process or compliance with their Statutory Rights

Dear Secretary Sonnier:

We write on behalf of 62,500 Louisiana Supplemental Nutrition Assistance Program
(SNAP) recipients, to alert you to serious due process and statutory non-compliance
concerns with Louisianas implementation of the able-bodied adults without dependents
(ABAWDs) work requirements. The New Orleans Workers Center for Racial Justice
and its partners investigation indicates improper terminations of SNAP recipients
benefits are occurring due to:
Louisianas Department of Children and Family Services (DCFS) inadequate
notices around new work requirements,
DCFS inadequately informing how to comply with program requirements and
what exemptions exist to remain eligible, as well as,
DCFS processes failing to properly take into account SNAP recipients reported
compliance with the requirements.


The states failure to provide adequate notice of new work requirements and the available
exemptions, systematize processes, and properly record new eligibility information
received by the state agency causes violation of SNAP recipients constitutional due
process rights and the state agencys duties under federal food stamps law. Last month,
the New Orleans Workers Center for Racial Justice attempted to bring this matter to
DCFS and the Governors attention through an administrative complaint.
In addition, the state engaged in improper rule-making procedures. More specifically, the
changes as to which parishes would be exempt from ABAWD requirements was a
discretionary decision on the part of DCFS, in that the federal waiver could have been
renewed. There was no APA rulemaking with regard to this discretionary decision and its
$140 million a year impact on the state and its families. DCFS FAM-4 policies were
then changed to reflect the decision again without rulemaking. The implementation of
these changes without APA rulemaking violates the state Administrative Procedure Act.
Without the immediate corrective actions, up to 62,500 SNAP recipients
unconstitutionally and unlawfully face termination of their SNAP benefits on January 1st.
As the Louisiana Department of Children and Family Services is currently violating
SNAP recipients categorized as ABAWDs constitutional rights, as well as state and
federal law, we expect immediate communication from the state agency regarding your
plan to remedy the situation. More specifically, we ask that the state agency act
immediately to prevent the erroneous termination of SNAP recipients benefits by
ceasing to send out termination notices and reinstating recipients already sent
notices until proper rulemaking and the ABAWD work requirements program
complies with constitutional due process standards and federal law and regulations
related to the administration of SNAP benefits.
We would like to also remind the state agency and state officials that an alternative way
to cease violation of recipients due process and statutory rights would be through the
immediate renewal of its ABAWD work requirements waiver. Applying for the
waiver would assure that 62,500 Louisiana residents do not lose access to SNAP benefits
and that Louisiana is assured $140 million a year in SNAP assistance for Louisiana
communities and businesses.
Please inform us of the steps you commit to taking in writing by noon December 14th. If
we do not hear from you by then we will assume you will not take corrective action, and
we will take action accordingly.
We urge you to be in touch on the state agencys plan to cease and correct
unconstitutional and unlawful action through Sima Atri, and we remain open to resolving
this issue with the State. However, given the seriousness of the imminent harm, we will
proceed with appropriate efforts to protect the rights of our clients and the thousands of
Louisiana residents who risk unconstitutionally and unlawfully losing essential food
stamps benefits.

With 62,500 Louisiana residents at risk of losing their SNAP benefits January 1st and
going hungry over the holidays, we hope you will prioritize action on this issue. We look
forward to being in touch as soon as possible. Please send inquiries and requests for
further information through Sima Atri at 504-264-4209 or satri@nowcrj.org.
Sincerely,

Sima Atri, Esq.

Equal Justice Works Fellow
Legal Counsel for Stand with Dignity
New Orleans Workers Center for Racial Justice

Jennifer J. Rosenbaum, Esq.

Legal Director
New Orleans Workers Center for Racial Justice
Licensed in Louisiana
William P. Quigley, Esq.
Loyola University New Orleans College of Law
Licensed in Louisiana
Mary R. Mannix, Esq.
Program Director
National Center for Law and Economic Justice, Inc.
David Williams, Esq.
Litigation Director
Southeast Louisiana Legal Services
Hannah Adams, Esq.
Equal Justice Works Fellow
Southeast Louisiana Legal Services