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How many people here in Hawaii are tired of not having their mail delivered to them at their residents, or given a cluster box, or given a free post office box? That the US Post Office tells you that you must get on a waiting list to get a cluster box or PO Box and that wait has lasted years…. Well do you know that the United States Constitution, Article I, Section 8, Clause 7 requires the US Post Office to deliver our mail. I presently have a Writ of Mandate and Declaratory Relief filed within the United States District Court, case no. CV 12-00519 KSC to require the Post Office to meet their requirements pursuant to the US Constitution and provide mail delivery to residence, or provide every home a cluster box or provide a free post office box. I have a hearing date of December 17, 2012. I also based my writ on the Fourteenth Amendment to the US Constitution. In which, if service is provided to one person, it must be provided to other similarly situated. Mean if they provide cluster boxes to one resident, they must do so with every resident. We should have to pay for a post office box to get our mail. That should be a free post office box. If you would like to know more about this, please free to call me at 619-341-0506, Mike. (I have not got a Hawaii number yet, contract is not up). I should note that the writ does not just pertain to the big island, but all of Hawaii.
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Yup this sucks. I hope you win.
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Yes, it is interesting. I did know that free P.O. Boxes were available if the USPS did not deliver, or more correctly declined to deliver, in an area. I have a free P.O. Box.
In years past I also thought it an issue worth pursuing but I had too many other issues on my plate. It will be interesting to hear how your case goes. Please keep us informed.
The financial situation with the USPS is grim so it may turn out to be a case of 'be careful what you wish for'.
A few years back our Pahoa branch was wanting to build a new larger office on land they own next to the Malama Market Place on Hwy. 130. It took me a day or so to line up $1.5 million for the project but when I sent the proposal to San Francisco it was rejected.
When I called the regional office in SF about the rejection they admitted that the Pahoa office was "over utilized" and a new one was needed. I was told my offer to do a build out for them was rejected because they do not do private build-outs. That was not true. You will find Post Offices in lots of shopping centers.
Then I was told they don't do build outs with private money as private money cost more than public money.... which is true. I then pointed out that while public money was cheaper the fact was that the USPS had no money.... which they admitted.
So that circular argument went no where and I gave up on it. The local Pahoa office did eventually expand their parking which was an improvement.
We have a good staff in Pahoa and they work hard there. The facilities, staff and vehicles are not in place for extensive local delivery. I will guess that we will be seeing
a reduction of service before we see any expansion of service.
Thanks for your post.
Assume the best and ask questions.
Punaweb moderator
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The Mt View Post Office is a death-trap
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UUUMMMMM.... OK, I am not a constitutional scholar, but WHERE in Article 1, section 8, (deals with the powers of Congress) clause 7, which states that "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;.... [clause 7] To establish Post Offices and Post Roads;....
The power of Congress to establish Post Offices & post roads seems to be all that the constitution REQUIRES...
no home delivery, no private road use....not even the establishment of mail boxes
You may have more luck with the Universal Postal Service....but good luck with it!
http://about.usps.com/universal-postal-s...report.txt
By the way... the post office does NOT supply mail boxes, free or otherwise, to homes. Even in an area WITH home delivery, if you do not have a mail box, or if it is damaged or blocked, you will not get delivery. This is one of the few areas where HCR boxes are supplied at no cost to the patron... most of the places we have lived in the past, private roads with HCR delivery had to pay for the boxes (normally were put in by the DEVELOPER of the area, and included in the sales price of the lot & maintenance was a part of the road maintenance fees of the private road...for the post office to put them in is not required.... or even 'NORMAL'
US Constitution, article 1, section 8 link:
http://www.usconstitution.net/xconst_A1Sec8.html
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That is one reason why I choose to live on a county road. They provide not only free power poles (no ssp fees) no road maintenance fee's ... If a tree falls on the power lines the city has to deal with it in a timely matter (one hopes anyway). I also dig the private water, mail delivery to your own mail box and high speed internet. Road runner rocks in Hi Beaches.
Supposedly police, fire and medical must come down a county maintained street ... Just like they would in a private subdivision but, I there is a reason Pahoa is getting more attention than say the biggest sub-division (HPP) on the big island. If HPP was maintained by the county... I am sure that HPP would have got the police and fire station right next to them instead of Pahoa.
As far as your mail complaint. I would think your case would be ignored and shuffled under the (sue me again) ... The government has more time and money than you do. It's impossible to sue them. I thought the same way when I lived in Orchid Land and they were building more boxes in Keaau. I was on the list for more than a year and even kept the same phone number on file for them even after I sold my lots there and I never got a call. I was told you had to bring in some gifts like manapua or ahi or mangos if you wanted to move up the chain to RENT a Box. I talked to the Post Master and filled out the how are we doing cards with no results. Maybe it has changed? I doubt it. Maybe try bring in some macadamia nut candy?
Good Luck!
I thought the USPS was bankrupt and closing down many of its locations.
“Setting a good example is a far better way to spread ideals than through force of arms.”
-Ron Paul
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Great idea, but ... filing this kind of suit seems like a sure-fire way to be sent to "secondary screening" every time you pass through a TSA checkpoint.
Just sayin'.
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A lot of people think the same way, that we cannot win because it is the government. But fighting to have the state or government do what is called for them to do should not be a deterrent since they may have the money and time to address a matter. I am not sure how many people knows how and why police are required to read us our Miranda rights. One guy who was arrested fought the issue all the way to the US Supreme Court. ONE MAN… How much more can we do as a whole. And if one would read the entire history of the post office through congress, delivery must be done. Furthermore, the 14th Amendment supports that aspect. It should be an interesting fight. Just for the record, this is not a suit. It is a writ of mandate. A writ of mandate is used to have a lower entity to do something they are suppose to do. That is why I have a hearing in December 17, 2012. Thanks for your commits.
How are they going to pay for what you want?
“Setting a good example is a far better way to spread ideals than through force of arms.”
-Ron Paul
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