Usedu

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF HAWAII, Department of Nos. 21-16242 Human Services, Division of 21-16323 Vocational Rehabilitation, Hoopono-Services for the Blind, D.C. No. Plaintiff-Appellee/ 1:17-cv-00430- Cross-Appellant, LEK-RT

v.

OPINION

U.S. DEPARTMENT OF EDUCATION,

Rehabilitation Services Administration, Defendant-Appellant/ Cross-Appellee,

and

UNITED STATES DEPARTMENT OF

THE ARMY,

Defendant.

Appeal from the United States District Court for the District of Hawaii Leslie E. Kobayashi, District Judge, Presiding

Argued and Submitted July 6, 2022 Honolulu, Hawaii Filed August 30, 2022

Before: Kim McLane Wardlaw, Jacqueline H. Nguyen, and John B. Owens, Circuit Judges.

Opinion by Judge Wardlaw

SUMMARY *

Randolph-Sheppard Act

In an action brought by the State of Hawaii challenging the U.S. Department of the Army’s changes to the operation of its dining facilities at Schofield Barracks and Wheeler Army Airfield in Honolulu, Hawaii, the panel reversed the district court’s conclusion that the Randolph-Shepard Act (“RSA”) did not apply to Dining…