Appeal of FRED CHERRY - P.S. Docket No. POB 99-71

In the Matter of the Petition by  	) May 5, 1999
					)
FRED CHERRY    				)
P.O. Box 21017    			)
Brooklyn, NY 11202-1017   		)
					)
					)
					)
Termination of Mail Box Service  	)
for P.O. Boxes 21011 and 21017,  	)
Brooklyn, NY     			) P.S. Docket No. POB 99-71


APPEARANCE FOR PETITIONER: 		Christopher J. Gulotta, Esq.
      					Albert M. Rizzo, Esq.
      					Tarter & Gulotta, LLP
      					470 Park Avenue South, 14th Floor
      					New York, NY 10016-6819

APPEARANCE FOR RESPONDENT: 		Janessa L. Grady, Esq.
      					Civil Practice Section
      					United States Postal Service
      					475 L'Enfant Plaza, SW, Room 6347
      					Washington, D.C. 20260-1127

INITIAL DECISION

This proceeding arises out of a Petition filed by Mr. Cherry after receiving a letter from the Supervisor, Customer Service, at the Brooklyn, NY Post Office, informing Mr. Cherry that service for his two post office boxes would be terminated because he had refused to update his box application with his current physical address.

Respondent filed an Answer, stating that Petitioner had provided no basis for overturning the postmaster’s decision, and asking that the Petition be dismissed. By Order dated March 30, 1999, the parties were advised that this case would be decided on the basis of written submissions, unless a party requested an oral hearing, and the parties were given additional time to file additional evidence and arguments. Neither party asked for an oral hearing. Petitioner filed several additional documents, Respondent did not. The following findings of fact are based on all the materials submitted by the parties:

FINDINGS OF FACT

1. Petitioner, Fred Cherry, has rented post office boxes 21011 and 21017 at the Brooklyn Post Office for more than five years. He has paid all necessary fees.

2. In December 1998, Petitioner received a notice from the Brooklyn Post Office, informing him of a change in the renewal requirements: "A customer renewing his or her Post Office Box must identify his or her physical address each time you renew your Post Office Box."

3. On December 30, 1998, Petitioner’s attorney wrote to the Brooklyn Post Office, stating that Petitioner was fearful of disclosing his home address because of threats that he had received. He stated that Mr. Cherry, asserting his right to privacy, would not provide his home address. He asked that the post office waive the address requirement.

4. The post office declined to waive the requirement and, on January 20, 1999, the Supervisor, Customer Services, issued his Letter of Determination to terminate service to the two post office boxes.

DECISION

Section D910.2.4 of the Domestic Mail Manual (DMM) states:

An applicant for post office box service or a current box customer seeking renewal must identify his or her physical address (i.e., an individual’s residence or a business’s location) to the postmaster of the office where service is sought or provided. If the postmaster cannot confirm the physical address, the applicant or box customer must provide proof of the physical address . . ..

DMM Section D910.8.2 gives a postmaster authority to terminate post office box service for various reasons, including if a customer "refuses to update information on the box application."

I have no authority to grant Petitioner a waiver of the address requirement, or to direct the postmaster to grant a waiver. The application of the above rule to the facts of this case is quite clear. Mr. Cherry is entitled to protect his privacy if he wishes, but he is not entitled to a post office box. Post office box service is not something any customer has a "right" to. It is a service offered to customers who are willing to comply with the rules and regulations pertaining to the use of post office boxes. R. C. Tanner, P.S. Docket No. POB 98-67 (P.S.D. May 15, 1998); Michael H. Briggs, P.S. Docket No. POB 96-428 (P.S.D. February 24, 1997); William H. Lahan, P.S. Docket No. 24/156 (P.S.D. December 31, 1986); Anthony E. DiBari, P.S. Docket No. 20/21 (P.S.D. January 24, 1985). The Postal Service has the right to establish reasonable requirements and rules for the use of post office boxes. Michael D. Tomsyck, P.S. Docket No. POB 98-168 (P.S.D. September 22, 1998).

The postmaster’s determination to close Petitioner’s post office boxes, based on failure to comply with Section D910.2.4 of the Domestic Mail Manual, is sustained. Accordingly, the Petition is denied.

						Bruce R. Houston
						Chief Administrative Law Judge