Herrera Threatens Discrimination Lawsuit Against US Postal Service

Herrera Threatens Discrimination Lawsuit
Against US Postal Service

San Francisco City Attorney Dennis Herrera.
Photo by Luke Thomas

April 16, 2009

San Francisco City Attorney Dennis Herrera today sent a formal letter of demand to the U.S. Attorney’s office outlining his intent to file suit against the U.S. Postal Service (USPS) “for unconstitutionally depriving tenants of single room occupancy hotels, equal and adequate mail delivery in San Francisco.”

In a five-page letter addressed to U.S. Attorney’s Office Civil Division Deputy Chief Andrew Y.S. Cheng, Herrera’s said, “The City of San Francisco strongly objects to the United States Postal Service’s decision to deny tenants of single room occupancy residences an equal and adequate method of mail delivery.”

San Francisco Postmaster Noemi Luna informed the City in December that due to “fiscal shortages,” the USPS would no longer deliver mail to individual SRO tenants’ mailbox receptacles, in direct contravention of USPS regulations.

“Under the Postal Service’s own regulations,” Herrera said, “SROs are apartment buildings, and they are entitled to the same method of mail delivery—to individual locked boxes—that is afforded to all other tenants in all other apartment buildings.”

Following a three-month investigation into the impacts of Luna’s policy change, Herrera said SRO-addressed mail is being delivered in bags and left near entryways or on unattended desks, “with no concern for the obvious danger that the mail will be stolen or misdelivered or otherwise ‘disappear.’”

Herrera said the amended USPS policy “unfairly discriminates against the City’s lowest income tenants by denying them services provided to all other apartment dwellers,” and violates SRO tenants’ First Amendment right to receive mail.

Herrera said unless the USPS reinstates SRO mail delivery to individual locked-boxes, he will file suit in federal court on May 1.

“Mail service is not a privilege for the wealthy,” Herrera stated, “and the San Francisco Postmaster’s decision to cut costs by treating SRO tenants differently than other City residents is unfair and cruel.”

More Info

Post Office to the Poor: No Mail for You?

Office of City Attorney Dennis Herrera

Filed under: Economy, Law, News

Spread the word:

Close Bookmark and Share This Page

Save to Browser Favorites / Bookmarks

Email This to a Friend

Link HTML:

Permalink:

If you like this then please subscribe to the RSS Feed.

Email This Article

Print This Article

6 Responses to “Herrera Threatens Discrimination Lawsuit
Against US Postal Service”

Jim Meko, on April 17th, 2009 at 10:08 am Said:

I guess I can understand why the Postal Service is having trouble keeping up with the demand that all these new mailboxes have put on their system. Tight budgets and only so many mail carriers to go around, right? So I imagine the residents of the Millenium Tower, One Rincon and all the other new condo projects opening up all over the South of Market will also have to line up in the lobby, waiting patiently to get the desk clerk’s attention, to see if their dividend checks have come in. These are tough times for all of us.
Postal Worker, on April 17th, 2009 at 10:29 am Said:

What they fail to mention is that the US Postal Service doesnt purchase or maintain those locked apartment or Condo Boxes. They provide the main lock. It’s the Buildings resposibility to provide these boxes for their tennants. So before he files this law suit he should speak to the Hotel itself and question them why they’ve yet to provide for their customers.
bloody, on April 17th, 2009 at 5:12 pm Said:

And the post office does not care about service…..you go guy!!!
postal93305, on April 19th, 2009 at 12:29 pm Said:

Homeless shelters and motels are businesses, not apartments. These are not residential deliveries and are not subject to the protocals governing residential deliveries. Another example of cash strapped SF wasting millions of tax dollars in the name of their Liberal agenda.
jabber_jabber, on April 19th, 2009 at 2:15 pm Said:

Same guy who said banning hand guns in the city would pass constitutional muster? Now finding rights. I love San Francisco “liberals”… not liberal but “what works for me this minute is constitutional”
Harold Brown, on April 20th, 2009 at 6:42 am Said:

Hey Postal,

I love Meko’s observation. The rich will get their mail the day they move in. I know people who have lived for years in SRO’s and you don’t consider that an “apartment” or a “residence”? Do you suggest that no one who has a bathroom or kitchen in their unit not have their mail treated the same as the rich?

Go get em, Dennis!

h.