Argus Leader Media v. U.S. Dept. of Agric., No. 11-04121, 2015 WL 5773631 (D.S.D. Sept. 30, 2015) (Schreier, J.)

Argus Leader Media v. U.S. Dept. of Agric., No. 11-04121, 2015 WL 5773631 (D.S.D. Sept. 30, 2015) (Schreier, J.)

Re: Request for records concerning Supplemental Nutrition Assistance Program

Disposition: Denying defendant's motion for summary judgment

• Exemption 4:  The court holds that "[b]ecause there is a reasonable dispute as to whether the disclosure of individual store redemption data is likely to cause substantial competitive harm to SNAP retailers, summary judgment is denied."  The court relates that "USDA argues it is not required to disclose yearly redemption amounts for individual SNAP retailers."  The court explains that "[b]ecause USDA received a small percentage of responses from SNAP retailers, there is evidence that supports the inference that the majority of SNAP retailers are not concerned about any competitive harm that might stem from the disclosure of individual store data."  "A reasonable fact-finder could also find that a number of factors influence marketplace competition and that simply disclosing the amount of EBT dollars spent at a particular location is not sufficient to influence the marketplace."
   
• Exemption 6:  The court holds that "summary judgment is denied as to exemption 6."  The court explains that "[t]here is evidence that the public’s interest in disclosure outweighs the individual’s privacy."  "For example, disclosure of individual store redemption data does not disclose individual finances because the data would not disclose what percentage of the retailer’s sales are credited to SNAP or how much the retailer profits after deducting expenses."  "Also, there is a great public interest in full disclosure of the parameters of the SNAP program."  "When weighing the interests of retailers against the public’s interest in a transparent government, the latter prevails."