Maryland Court Blocks Education Dept's Cut to Blind Vendors' Priority Contracting
On August 3, 2026, a Maryland federal court restored priority contracting for blind vendors.
Why it matters: This ruling enforces federal law protecting blind vendors in government contracts, impacting compliance and diversity efforts in public procurement. Legal and procurement professionals must note the court's emphasis on rulemaking procedures under the Administrative Procedure Act.
- On August 3, 2026, the U.S. District Court for Maryland vacated the Education Secretary's 2025 ruling removing priority contracting for blind vendors.
- Secretary of Education Linda McMahon violated the Administrative Procedure Act by eliminating the priority without public comment or sufficient documentation.
- The Randolph-Sheppard Act of 1936 mandates federal agencies prioritize blind vendors for vending operations on federal property.
- Approximately 1,400 blind entrepreneurs nationwide participate in the Randolph-Sheppard program, relying on these contracting rights.
On August 3, 2026, the U.S. District Court for Maryland ruled against the U.S. Department of Education's 2025 decision to eliminate priority contracting rights for blind vendors on federal property. The court found that Secretary of Education Linda McMahon violated the Administrative Procedure Act (APA) by implementing the change without a required public comment period or adequate supporting documentation. The APA requires federal agencies to follow specific procedures when changing regulations, ensuring transparency and public input.
The case arose after the Department of Education published a notice in December 2025 stating that the Randolph-Sheppard program, which gives blind vendors priority to operate vending facilities on federal properties (including military installations), "adversely affects the interests of the United States." This notice initiated the Secretary's attempt to remove the priority contracting rights.
The Randolph-Sheppard Act, enacted in 1936, is a longstanding federal law mandating agencies to prioritize blind vendors to promote their economic independence through operation of vending facilities on federal property. Around 1,400 blind entrepreneurs participate in the program nationally, relying on it for business opportunities and income.
Maryland Attorney General Anthony Brown spoke against the Education Department’s move, stating, "This program exists to give blind Marylanders the tools, training and access to build thriving businesses. Dismantling it doesn’t just close doors, it tears down the whole doorway." The court’s August ruling granted summary judgment to the plaintiffs—including blind vendor associations and state agencies—and reinstated the priority contracting rights under the Randolph-Sheppard Act.
This decision underscores the necessity for federal agencies to follow notice-and-comment procedures when altering established protections. It also reinforces compliance obligations for government procurement relating to disabled vendors, emphasizing continuing diversity and inclusion commitments.
By the numbers:
- August 3, 2026 — Date of Maryland federal court ruling restoring priority contracting
- 1936 — Year Randolph-Sheppard Act was enacted to support blind vendors
- Approximately 1,400 — Number of blind entrepreneurs in the national Randolph-Sheppard program
Yes, but: While the court vacated the Secretary's ruling, the Department of Education could appeal, potentially prolonging uncertainty for vendors and agencies.
What's next: A potential appeal by the Department of Education could challenge the ruling, with further litigation expected to clarify procedural and substantive standards under the Administrative Procedure Act.