Save the Berkeley Post Office
  • Home
    • Make a Video
  • Calendar
  • Contact
  • Activist's Guide

USPS v City of Berkeley goes to Trial on Monday, April 2, 2018

3/31/2018

0 Comments

 
Picture
At High Noon on Monday, April 2, 2018, the lawsuit initiated by the United States Post Office and the United States Department of Justice against the City of Berkeley will come to trial. Back in August of 2016, the Feds initiated this suit in a challenge to the right of the City of Berkeley to pass a Zoning Overlay Ordinance designed to protect the character of the Berkeley Historic Civic Center District.

Defending against the full power of the United States Government is a lot to take on, a regular David vs. Goliath battle for the City of Berkeley. Fortunately, attorneys for the City of Berkeley have skillfully defended the Historic Civic Center Zoning Overlay.
The USPS/ DOJ argued that the Zoning Overlay results in a “total frustration” of the ability of the USPS to manage its assets.  At the Motion for Summary Judgment hearing on January 11, 2018, Judge William Alsup told the DOJ attorney that “…if it just comes down to we could get more (money for the Berkeley Main Post Office) without the overlay, you're going to lose because that's not total frustration.”

The trial on Monday, April 2nd, will be a bench trial before Judge Alsup. Both USPS/DOJ and the City of Berkeley are relying on the court filings as of the January 11, 2018 Motion for Summary Judgment. Both sides will have one hour each to present oral arguments to Judge Alsup.

The trial is at 12 noon, Monday, April 2, 2018 in Courtroom 12, 19th Floor, 450 Golden Gate Avenue, San Francisco.

If you decide to attend the trial, be advised that 450 Golden Gate has airport style security. A government-issued photo I.D. is required. Judge Alsup starts proceedings promptly and the security process is sometimes slow.

These three documents provide a good summary of the arguments to date:
1) USPS/ DOJ argument for summary judgment (November 30, 2017)
2) City of Berkeley argument for summary judgment (December 1, 2017)
3) Transcript of the January 11, 2018 hearing on the competing motions for summary judgment
0 Comments
    ABOUT

    The USPS wants to sell Berkeley's historic main post office. Citizens to Save the Berkeley Post Office is a grassroots group that has come together to block the sale of our heritage, stop service cut backs, and preserve living wage postal jobs.

    Our fight is not unique. Thousands of post office closures across the country mean the largest private auction of public history our nation has ever seen.

    Join the movement and spread the word. Our post office is not for sale.

    Picture
    Ten Easy Steps
    to Making a Music Video
    to Save Your Post Office!


    Picture

    Picture
    Jac McCormick in NYC
    Fighting for America's
    Post Offices!
    WATCH THE VIDEO!


    Picture

    Tell Staples the U.S. Mail is Not for Sale!
    Picture
    Sign the petition to stop the sale of historic post office like Berkeley's Downtown Main!

    Picture
    Getting rid of middle class jobs is the end. Privatization is the means. Fox News doesn't keep their agenda a secret. Watch the video.

    [10 on Tuesday] 10 Ways to Fight for Your Local Post Office from PreservationNation

    October 2, 2013 letter from Ralph Nader to Senator Dianne Feinstein

    baha_letter_to_usps.pdf
    File Size: 222 kb
    File Type: pdf
    Download File

    sample_letter.docx
    File Size: 15 kb
    File Type: docx
    Download File


    Picture

    Archives

    May 2018
    March 2018
    January 2018
    December 2017
    August 2015
    July 2015
    May 2015
    April 2015
    February 2015
    January 2015
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    May 2014
    December 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013

Proudly powered by Weebly