JOHN GARRETT PENN, District Judge.
This is an action brought by the American Postal Workers Union, AFL-CIO (APWU),
to have declared unconstitutional and to enjoin the enforcement of certain United States Postal Service (USPS) "guidelines" which restrict the use of postal premises for voter registration and polling. APWU brings this action on its own behalf, on behalf of its members, and on behalf of postal employees represented by it. The matter is before the Court on cross-motions for summary judgment.
Prior to this election year, locals affiliated with the APWU had, either with the permission or acquiescence of local postmasters,
registered voters on postal premises. n3 Although by contract and regulation
APWU was not granted a right of access to postal premises for this purpose, the fact remains that APWU, through its affiliated locals, had been permitted to register voters on postal premises at certain locations for sometime.
n3 The following list, found in Plaintiff's Statement of Material Facts (Plf. Mat. Facts) at para. 3, gives examples of the cities, the areas of the post offices, and the duration of prior voter registration drives conducted by APWU locals on postal premises:
Local Place Year
Seattle Swing rooms 1982-1983
Cleveland Cafeteria 1982
San Francisco Swing rooms 1980-1982
N.Y. Metro Lobby 1973-1977
Swing rooms 1977-1983
Houston Swing rooms & 1980-1983
San Jose, CA Swing rooms 1982
Detroit Swing rooms & 1982
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