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Post Office Tax Day Regulations...FYI

Message Board › Post Office Tax Day Regulations...FYI

Brenda Janssen
user 5466499
Group Organizer
Orlando, FL
81st Post

Received this from an AFFT Volunteer...FYI

Post Office Tax Day Regulations...

From Postal Bulletin 22119 (Jan. 8, 2004), p. 19:

Conduct on Postal Service Property ? Prohibitions on Signature Solicitation

On December 31, 2003, the United States District Court for the District of Columbia issued its decision in Initiative and Referendum Institute v. United States Postal Service. The case challenged the constitutionality of the Postal Service?s? prohibition against solicitation of signatures for petitions, polls, and surveys on Postal Service property (see POM 124.54a). The court found that the prohibition was constitutional. Therefore the prohibition is in full force and effect. The court?s decision was conditioned on publication of clarifying information about the regulation, in accordance with the Postal Service?s previous offer to do so. Postmasters and other installation heads are reminded about their obligations regarding enforcement of the Postal Service?s regulations governing conduct on Postal Service premises with respect to activities in support of ballot initiatives and public referenda.
Please note that Postal Service regulations regarding conduct on Postal Service property prohibit the solicitation of signatures on petitions, polls, and surveys on Postal Service
property. This prohibition extends only to efforts to have members of the public provide signatures on Postal Service premises, and not to communications that promote the signing of petitions, polls, and surveys somewhere other than on Postal Srvice premises. The regulations do not prohibit members of the public from engaging in other forms of expressive activities on the exterior areas of Postal Service property that are open to the public. For example, leafleting, distributing literature, picketing, and demonstrating by members of the public are prohibited only in lobbies and other interior areas of Postal Service property that are open to the public. These activities are not prohibited on exterior areas of Postal Service property, such as Postal Service
sidewalks and parking lots.

Thus, if a petition circulator wishes to collect signatures for a petition, poll, or survey, he or she would not be prohibited from standing on exterior parts of Postal Service property that are open to the public and passing out informational leaflets, holding up a sign, or both. The leaflet or sign could provide relevant information about the petition, poll, or survey, and direct Postal Service customers to nearby non?Postal Service property, that is, property not under the Postal Service?s charge and control, where they can sign the petition, poll, or survey, if they so desire.
These activities, however, are still subject to other provisions in the regulations pertaining to all parts of Postal Service property, such as those prohibiting disturbances,
soliciting contributions or collecting private debts, campaigning for public office, vending, commercial advertising, impeding ingress and egress, depositing or posting literature, and setting up tables, stands, or other structures.
These regulations do not apply to municipal or other public perimeter sidewalks, even if the Postal Service?s property line extends onto such a sidewalk, or even if there is some obligation on the part of the Postal Service to maintain the city sidewalk, such as by removing snow. The beginning of Postal Service?controlled space must be easily distinguishable to members of the public by means of some physical feature. For example, a Postal Service sidewalk that is perpendicular to the city sidewalk would indicate to members of the public that they are entering onto Postal Service property, as would stairs leading up to the entrance of a Post Office?.
Please refer to POM section 124, Conduct on Postal Property, and Poster 7, Rules and Regulations Governing Conduct on Postal Property, to review these regulations in their entirety. If you have questions regarding this article, the conduct regulations in general, or the application of a specific conduct regulation, please contact your Field Legal Office for advice.

? Office of the General Counsel
and Delivery and Retail, 1-8-04

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