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January 21, 2004 – Londrigan

Mr. Tom Londrigan, Esq.
Legal Counsel to the Governor

 

 

Dear Mr. Londrigan:

 

The Illinois Committee of Blind Vendors appreciate Governor Blagojevich’s interest in correcting some deficiencies in the proposed Administrative Order regarding the assignment of vending machine income on State property and the establishment under priority of blind vending facilities on such property.

 

First, we want to make it clear that we fully understand and accept that protection and preservation of historical sites is necessary and appropriate, and we would not press for the application of the Administrative Order to such sites.

 

You have asked for a citation to legal authorities we mentioned in our previous letter to the Governor. The particular case we had in mind is Minnesota Department of Jobs and Training v. Riley, et al., 19 F. 3d 606 (8th Cir. 1994). That case has been before the Federal District Court in Minnesota , and twice before Eighth Circuit. At each point these courts have reaffirmed the principle that no commission may be imposed upon a blind vending operation as a condition of establishing a blind vending facility. The priority in the Randolph-Sheppard Act is absolute, and no limitation on the placement or operation of a blind vending facility may be imposed unless authorized by the Secretary of Education on application of the cognizant Federal agency. We believe 20 ILCS 2420/6 would make this requirement applicable to the States, as we pointed out in our previous letter.

 

As you know, the blind vendors of Illinois , and the Illinois Committee of Blind Vendors have been working on these issues for a considerable time. We would be delighted to meet with you, or anyone in the Governor’s office, to discuss the full range of the blind vendors’ needs and the scope of the laws, both State and Federal.

 

Sincerely,

 

John Gordon