At least two lawsuits are pending over the Post Office’s regulation that bans petitioning on interior Post Office sidewalks. The case filed in 2000 is still in U.S. District Court in Washington, D.C., but is likely to have an opinion soon. That case is Initiative & Referendum Institute v U.S. Postal Service, 00-cv-1246.
The other case is Del Gallo v Parent, 08-1511. It had a hearing in the 1st circuit on December 1. One of the three judges seemed favorable to the post office regulation; one judge seemed favorable to the plaintiff (who was petitioning to get on the Massachusetts Republican primary ballot); and one judge didn’t seem to reveal his thoughts. The case arose in Pittsfield, Massachusetts. A decision in this case is probably several months away.
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The Post Office is an odd creature. It declares itself a private institution when it is convenient, as in the case of banning petitioners. And it declares itself a public institution when it is convenient — such as when it wants money or legal protection from the federal government, or when it wants to outfit its entire fleet of truck with federal government license plates.
I have petitioned at Post Offices and the Postmasters are the most uptight people you can ever meet. No wonder people say they went POSTAL. Seriously, the I&R case says we have free speech but the act of signing the petition must be done off its premises. In California we have access rights on private property open to the public. Pruneyard decision. However, Post Office is exempted.
Does anyone know who is to make arrest? Wouldn’t it be a federal crime not a state crime? The California trespass law exempts free speech activity on private and public property. Does this mean we can petition on Post Office sidewalk property?