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By Bethany Blankley (The Middle Sq.)
Florida Lawyer Basic Ashley Moody is suing two federal businesses for failing to answer Freedom of Data requests filed over a 12 months in the past. The FOIA requests relate to a Biden administration program that allegedly used taxpayer cash to buy crack pipes for drug addicts, she stated.
In February 2022, Florida despatched FOIA requests to the U.S. Division of Justice and U.S. Division of Well being and Human Providers asking for data about the usage of federal grant funds getting used to advertise drug use via secure smoking kits, a few of which reportedly included crack pipes and different drug-related paraphernalia.
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Over a 12 months later, neither company responded to the FOIA requests and Moody sued.
The lawsuit states that the federal businesses “did not course of and make a willpower concerning Florida’s February 9, 2022 FOIA requests throughout the statutory time restrict and are unlawfully withholding data requested by Florida underneath 5 U.S.C. § 552.”
By not responding to Florida’s request, the businesses had been inflicting irreparable hurt, the lawsuit states, as a result of they’re “repeatedly denying Florida entry to paperwork that it has a authorized proper to” and “no financial damages can compensate Florida for this loss.”
“Florida will proceed to be irreparably harmed until and till Defendants are compelled to adapt their conduct to the necessities of the legislation,” the grievance states.
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The lawsuit, filed on Wednesday in U.S. District Court docket for the Northern District of Florida Tallahassee Division, asks the courtroom to order the businesses “to conduct a seek for any and all data conscious of Florida’s FOIA requests and to reveal that they employed search strategies moderately calculated to uncover all data conscious of the requests.” It additionally requests the courtroom to get them organized to “produce, by a date sure, any and all non-exempt data conscious of Florida’s FOIA requests and an index of any responsive data withheld underneath declare of exemption.” It additionally requests the courtroom to enjoin the businesses from “persevering with to withhold any and all non-exempt data conscious of Florida’s FOIA requests” and reimburse Florida’s prices and affordable legal professional’s charges.
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“If Biden is utilizing your tax {dollars} to purchase crackpipes for drug addicts, you might have the best to know,” Moody stated in an announcement. “Our nation is within the grips of a drug overdose disaster, and the Biden administration is stonewalling our requests and retaining the general public at the hours of darkness about so many misguided, reckless insurance policies. We’re taking them to courtroom to get solutions for the American individuals.”
In December 2021, the Substance Abuse and Psychological Well being Providers Administration (SAMHSA) of the U.S. Division of Well being and Human Providers announced a brand new $30 million hurt discount grant designed to handle a nationwide substance use and overdose epidemic. The hurt discount kits embrace a variety of things together with a safer smoking equipment, which excludes “pipe/pipettes and different drug paraphernalia,” in line with its website. SAMHSA additionally states, “No federal funding is used straight or via subsequent reimbursement of grantees to buy pipes in safer smoking kits. Grants embrace specific prohibitions of federal funds for use to buy drug paraphernalia.”
Nevertheless, Washington Free Beacon investigators went to hurt discount organizations in Baltimore, Boston, New York Metropolis, Richmond and Washington, D.C., final 12 months and reported they acquired smoking kits with glass crack pipes and directions on the best way to use “the pipe, heat-resistant mouthpieces, wood sticks for packing the mesh into the pipe.”
Final Might, the Beacon printed pictures and detailed details about the smoking kits it acquired. Investigators additionally met nonprofit staff reportedly receiving federal and personal group grant cash to supply residents crack pipes, meth pipes, and different equipment. One middle marketed, “One pipe per particular person, as soon as a day.” One other marketed that its pipes are fabricated from Pyrex to face up to excessive warmth, in line with the report.
When requested in regards to the SAMHSA grant program final 12 months, former White Home Press Secretary Jenn Psaki advised reporters that crack pipes “had been by no means part of the equipment” and the Beacon’s report “was inaccurate reporting.” She additionally stated, “We don’t help federal funding, oblique or direct, for pipes,” USA In the present day reported.
Moody describes the SAMHSA program as “reckless” as drug overdose deaths proceed to skyrocket and argues the $30 million in taxpayer cash will solely worsen the already record-high nationwide debt.
Syndicated with permission from The Center Square.
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