National Anti-Drug Coalition, Inc. v. Bolger

737 F.2d 717
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 26, 1984
DocketNo. 83-1688
StatusPublished
Cited by20 cases

This text of 737 F.2d 717 (National Anti-Drug Coalition, Inc. v. Bolger) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Anti-Drug Coalition, Inc. v. Bolger, 737 F.2d 717 (7th Cir. 1984).

Opinions

COFFEY, Circuit Judge.

Plaintiffs-appellants, National Anti-Drug Coalition, Inc. and Peter Bowen appeal the decision of the United States District Court for the Northern District of Illinois, granting summary judgment to the defendants-appellees, William Bolger, et al. We affirm.

I

The National Anti-Drug Coalition, Inc. (“Coalition”) is a non-profit corporation organized to provide intellectual and financial support for the achievement of a “drug-free” society. In furtherance of this goal, the Coalition sells educational anti-drug literature and solicits public contributions and memberships. On July 16, 1981, Peter Bowen and two other Coalition volunteers set up a card table outside the Arlington Heights, Illinois, post office for the express purpose of selling literature and soliciting public contributions for the Coalition. Bowen and his co-workers placed their card table on an ingress/egress sidewalk located on United States Postal Service property. Donald Swanson, the Arlington Heights postmaster, informed Bowen that postal regulations prohibited the solicitation of public contributions and the sale of literature on Postal Service property. Following a brief discussion, the Coalition volunteers left the premises.

In August 1981, Bowen and the Coalition filed suit in the United States District Court for the Northern District of Illinois, seeking declaratory and injunctive relief against the United States Postal Service. The Coalition alleged that it had made repeated attempts, “since the fall of 1980,” to obtain permission from the Postal Service to set up booths at “various postal stations in the Northern Illinois District,” to solicit public contributions and sell anti-drug literature.1 The Postal Service continually refused to grant the Coalition’s request because such activity violated 39 C.F.R. § 232.6 which provided:2

“(a) Applicability. This section applies to all real property under the charge and control of the Postal Service, [719]*719to all tenant agencies, and to all persons entering in or on such property. This section shall be posted and kept posted at a conspicuous place on all such property.
(h) Soliciting, Electioneering, Collecting Debts, Vending, and Advertising. Soliciting alms and contributions, campaigning for election to any public office, collecting private debts, commercial soliciting and vending, and displaying or distributing commercial advertising on postal premises are prohibited. This prohibition does not apply to:
(a) Commercial activities performed under contract with the Postal Service or pursuant to the provisions of the Randolph-Sheppard Act;
(2) Postal notices on bulletin boards as authorized in § 243.2(a) of this chapter;
(3) The solicitation of Postal Service and other Federal military and civilian personnel for contributions by recognized agencies as authorized by the Manual on Fund Raising Within the Federal Service, issued by the Chairman of the U.S. Civil Service Commission under Executive Order 10927 of March 13, 1961.”

In February 1982, the plaintiffs filed a motion for summary judgment, claiming that 39 C.F.R. § 232.6(h), on its face and as applied, violates the Coalition members’ rights to free speech under the First Amendment and to equal protection of the laws under the Fifth Amendment. Specifically, the plaintiffs claim that the solicitation of public contributions and the sale of literature are expressions of speech protected by the First Amendment and that Postal Service property constitutes a public forum where this speech may be freely exercised. The plaintiffs contend that 39 C.F.R. § 232.6(h) infringes upon the Coalition members’ right to freely express their speech in a public forum because it prohibits the solicitation of public contributions and the sale of literature on postal property. The plaintiffs further contend that the regulation violates the Equal Protection claufee of the Fifth Amendment because it prohibits solicitation and the sale of literature on Postal ■ Service property, but does not prohibit the distribution of free literature on the same property.

In April 1982, the defendants countered with their own motion for summary judgment, claiming that Postal Service property is not a forum for expressive activity and thus does not constitute a public forum. The defendants contend that 39 C.F.R. § 232.6(h) is reasonable because it prohibits only solicitation on Postal Service property. The regulation does not prohibit distribution of free literature on postal property nor does it prohibit solicitation on the municipal sidewalks surrounding and/or adjacent to such property. Moreover, the plaintiffs claim that because 39 C.F.R. § 232.-6(h) prohibits all solicitation on Postal Service property, it does not regulate speech based upon content.3 According to the defendants’ argument, the regulation applies uniformly to all 30,000 postal stations in the United States, its territories and possessions, and prohibits solicitation because it is “the greatest impediment to the normal use of postal facilities.”

Based upon the parties’ briefs and accompanying affidavits, the district court granted the defendants’ motion for summary judgment. In its “Memorandum and Order,” the district court ruled that the solicitation of public contributions and the sale of literature are expressions of speech protected by the First Amendment.' The court proceeded to analyze Postal Service property in terms of the interior post office building and the exterior premises. With regard to the interior building, the court [720]*720ruled that “post offices are not public forums, and ... the Postal Service had demonstrated [that] solicitation inside post offices interferes with their efficient operation.” With regard to the exterior premises, the court did not rule on their public forum status, but did conclude that the “substantial administrative burden” of permitting and regulating solicitation at all of the 30,000 postal stations throughout the United States, its territories and possessions, justifies the Postal Service’s ban of public solicitation on its property. The court also ruled that “[t]he regulation distinguishes between activities, and does not discriminate on the basis of content” and thus 39 C.F.R. § 232.6(h) does not violate the plaintiffs’ right to equal protection of the laws under the Fifth Amendment. On appeal, the plaintiffs contend that the district court improperly analyzed their First and Fifth Amendment claims.

II

The First Amendment to the' United .States Constitution provides that “Congress shall make no law ... abridging the freedom of speech____” It is undisputed that the plaintiffs’ solicitation of public contributions and sale of anti-drug literature are expressions of speech protected by the First Amendment. See Heffron v.

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Bluebook (online)
737 F.2d 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-anti-drug-coalition-inc-v-bolger-ca7-1984.