Food Stamp Ruling Still in Force, Judge Says

A judge says the state must follow a court order against denying food stamps to legal immigrants even though the order is being appealed.

The state Department of Social Services contended that the ruling issued last week by Sacramento Superior Court Judge John R. Lewis was automatically stayed during its appeal.

But Lewis said Tuesday that as a matter of law his preliminary injunction remains in effect until the matter is decided by a state appellate court.

Welfare rights advocates had asked the judge for clarification.

The state told county welfare offices in late September to begin denying new food stamp applications from immigrants as part of the federal welfare overhaul.

But anti-poverty attorneys filed a class-action lawsuit arguing that the state had moved too quickly and failed to adopt clear rules on which immigrants would qualify for exemptions. Lewis ruled in their favor Oct. 31, granting the injunction.