In the Matter of the Petition by

JOHN MOORE AND CAROLYN MOORE
69 S. Hamilton Street
Jordan, NY 13080-9503

Appeal of Termination of
P.O. Box 639, Jordan, NY 13080

P.S. Docket No. POB 01-105

APPEARANCES FOR PETITIONER:
John F. Moore
Carolyn L. Moore
69 S. Hamilton Street
Jordan, NY 13080-9503

APPEARANCE FOR RESPONDENT:
Catherine A. Green, Esq.
Corporate Law Section
United States Postal Service
475 L’Enfant Plaza, SW, Room 6112
Washington, DC 20260-1135

This proceeding arises from a petition filed by John and Carolyn Moore after receiving a March 5, 2001 letter from the Manager, Post Office Operations, notifying them that their post office box service was terminated due to the conduct of their son on postal premises.

Respondent, the United States Postal Service, filed an Answer to the Petition, along with a motion for summary judgment, arguing that there were no material facts in issue and that Respondent was entitled to judgment as a matter of law. Attached to the motion was a sworn declaration from the Jordan, New York Postmaster, Barbara Weyand-Rogers, and numerous other documents. Petitioners filed a lengthy and detailed reply, with numerous documents attached. The following findings of fact necessary to resolve this case are based on all the material submitted by the parties.

1. John and Carolyn Moore are the renters of P.O. Box 639 at the Jordan, New York Post Office. Their son, Don Moore, is listed by Petitioners as an authorized user of P.O. Box 639. (Petition, ¶¶ 1 and 12; Weyand-Rogers Declaration, ¶3).

2. Don Moore is a former Postal Service employee and, over a period of many months, has expressed many complaints, both verbally and in writing, about Postal Service management decisions. Some of his complaints and protests have been expressed on the premises of the Jordan Post Office. (Weyand-Rogers Declaration, ¶¶ 4-5, 11, 13-21, 23, 28-29, 33, 40-42, 44-48).

3. On two occasions, at the request of the postmaster, local and state police arrested Don Moore and removed him from the Jordan Post Office. (Weyand-Rogers Declaration, ¶¶ 26, 33).

4. On March 5, 2001, John Phelan, Manager of Post Office Operations for the district that includes Jordan, New York, issued a letter to Don Moore, prohibiting him from entering the Jordan Post Office. This was based on "your conduct on the premises which impedes and disturbs Postal Service employees while they are working." The letter informs Don Moore that he will be subject to arrest for criminal trespass if he disregards this instruction. (Petition, Ex. B).

5. Also on March 5, 2001, Mr. Phelan issued a letter to John and Carolyn Moore, informing them that their post office box service was terminated based on "the inappropriate conduct of your son, Don Moore, authorized user of the box, on postal premises." (Petition, Ex. A).

6. Respondent has made no allegation of wrongdoing by John or Carolyn Moore. (Petition, ¶9; Answer, ¶9).

Section D910.8.2 of the Domestic Mail Manual (DMM) gives a postmaster authority to terminate post office box service if a "box customer or its representative. . . conducts himself or herself in a violent, threatening, or otherwise abusive manner on postal premises; . . .." Respondent argues that Don Moore's behavior fits this description and that as an authorized user he is his parents' "representative."

The entirety of the material filed by Petitioners is designed to support Don Moore's argument that he has a constitutional right to engage in civil disobedience on the premises of the Jordan Post Office, and that Postal Service officials acted illegally in having him arrested and barring him from the premises. Whether he has such a right under the Constitution is not something that I have jurisdiction to decide, and if he wishes to challenge the lawfulness of the letter barring him from the premises he must do so in another forum.

There is, however, no allegation by the Postal Service that either of the Petitioners has engaged in any inappropriate behavior on postal premises, or that they in any other way violated rules regarding the use of post office boxes. It is not clear that Don Moore is a "representative" of John and Carolyn Moore within the meaning of §D910.8.2, but it is not necessary to decide that question. As the sole reason for terminating box service was the behavior of Don Moore on the premises, and Don Moore has now been prohibited from entering the premises, no reason exists for terminating box service to the Petitioners.

The Petition is granted, and the postmaster's determination to terminate post office box service to Petitioners is reversed.

Bruce R. Houston
Chief Administrative Law Judge