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INITIATIVE AND REFERENDUM INSTITUTE v. U.S. POSTAL

Civil Action No. 00-1246 (RWR).

741 F.Supp.2d 27 (2010)

INITIATIVE AND REFERENDUM INSTITUTE et al., Plaintiffs, v. UNITED STATES POSTAL SERVICE, Defendant.

United States District Court, District of Columbia.

September 8, 2010.

Attorney(s) appearing for the Case

David F. Klein, Orrick, Herrington & Sutcliffe, LLP, Washington, DC, for Plaintiffs/Defendant.

Arthur B. Spitzer, American Civil Liberties Union, Washington, DC, for Plaintiffs.

Marina Utgoff Braswell, U.S. Attorneys Office for the District of Columbia, Washington, DC, for Defendant.

MEMORANDUM OPINION

RICHARD W. ROBERTS, District Judge.

Plaintiffs challenge the constitutionality of an amended United States Postal Service ("USPS") regulation that prohibits collecting signatures for petitions, polls or surveys on certain USPS sidewalks, arguing that the restriction is overbroad because the regulation applies to a substantial number of postal sidewalks that are public forums. The parties conducted a survey of postal facilities in...

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