[blindLaw] Requesting interested parties & pro bono counsel for first ever formal proceeding on US domestic & international blind mail
Sai
sai at fiatfiendum.org
Tue Sep 17 13:46:14 UTC 2024
Dear WBU, WBU-AP, ABU, AFUB/UAFA, EBU, LAUB/ULAC, ACB, AERBVI, AFB, APH,
CBM-GDI, CCB, CNIB, ICEVI, IFLA LPD, NBP, NFB, NLS, Perkins, RNIB,
SightSavers, BlindLaw, and everyone reading this as a forwarded email:
*# Introduction*
My name is Sai. I'm a functionally blind US citizen living in London, UK.
I'm an ACB & NFB member, and NLS & RNIB patron.
In June, I filed a formal complaint with the Postal Regulatory Commission,
the oversight agency which regulates the US Postal Service, about numerous
USPS violations of law, and official discrimination, in its formal rules
and de facto policy & practice relating to US domestic and international
free mail of items for the blind.
On September 12, I partially won the initial complaint stage, i.e. USPS'
motion to dismiss was partially denied. That is *extremely* rare; almost
every complaint ever filed, including ones by major corporations, unions,
coalitions of US state governments, etc., has been entirely dismissed at
this stage.
It is now going to a formal proceeding. The formal proceeding stage can be
nearly the equivalent of full civil litigation (including discovery,
intra-PRC interlocutory appeals, etc), but conducted entirely within the
PRC. See rules and my folder of resources linked below.
This is, to my knowledge, the *first ever formal legal proceeding about
blind mail*. It is certainly the first in the PRC — and I believe it's the
first in the US at all. (I have not heard of any comparable case worldwide,
though that may reflect only my ignorance rather than a true absence.) It
will at least set precedent that affects blind people across the entire US,
and the entire world.
It may be followed by a separate notice & comment proceeding for
rulemaking, i.e. to change regulations, and/or a proceeding to change mail
classification, e.g. to make US domestic blind mail be first class and/or
priority mail rather than no class of mail at all as it is now. That's hard
to predict, and will depend on how things go in this proceeding.
I've done this alone so far, and I can't do the rest on my own. I ask for
your independent participation and your help as a coalition.
*## Inclusion of other allied people and organisations*
Please forward this email to any organisation, US or international, which
is affected by USPS domestic or international blind mail, failure to
provide services like insurance or tracking, refusal of service, speed of
service, etc., which may be interested.
Please do include not just organisations of & for the blind, such as the
ones copied to this email, but also all companies involved
in manufacturing, selling, or shipping blind products to or from the US. I
am not sure what are good contacts for their legal or
organisational departments, which is why they are not copied to this
directly.
*## Legal issues & possible effects*
My complaint is rather broad. It covered, for example:
- unavailability of tracking, insurance, registered mail, certified
mail, return receipt, and other services on domestic and/or international
blind mail;
- refusal to provide the same services and standards as are provided for
all other mail of the same class, such as limitations of parcel post to 15
lb instead of 70 lb;
- extremely slow treatment of US domestic blind mail;
- charging for things the Universal Postal Convention makes illegal to
charge, such as registered mail (which isn't available domestically),
shipping fees over a given weight limit, etc;
- limitation on "profit-making" blind mail, i.e. on any for-profit
company that produces blind products using blind mail, even if the customer
is blind;
- reading the contents of blind mail;
- failure to classify domestic blind mail, which is currently "no
particular class of mail";
- etc.
This case involves many legal issues of first impression — essentially *all
*of it has never been heard before. The exact scope of the formal part is
not yet clear. My discrimination complaint under 39 USC 403(c) survived the
motion to dismiss. Nearly everything can potentially be construed under
that statute. The early formal proceedings will shape what is actually
formally covered, by interpreting or possibly overturning the order
initiating proceedings.
However, essentially everything about US policies and practices on domestic
or international blind mail is potentially on the table — either formally
or by negotiations.
I expect that changes in US policy & practice about blind mail will not
only affect blind people worldwide because of the effects on products
shipped to or from the US — which dramatically affects the price and
availability of braille books, braillers, canes, braille displays, and
other blind items worldwide — but also by creating influential precedent
that other countries may follow, or may result in changes to the Universal
Postal Convention.
*# Request for your participation*
I request both your direct formal participation in your own right as
independent organisations with an interest in this case, and your informal
or behind-the-scenes support and collaboration.
*## Call for amici and intervenors to participate in your own right*
Anyone who is interested can participate — anywhere from just filing a
one-off public comment, to being a sort of amicus, to being a full
intervenor who participates in discovery, off the record negotiations, etc.
I request that you please do so if you are interested. I particularly
request the participation of any organisations of or for the blind, and any
companies, which have are in any way interested in or affected by shipping
blind products within, to, or from the US.
*To participate, please contact the docket clerk and public representative,
with CC to me and USPS counsel*. Their emails are below. See also the rules
linked below about participation.
There are *no *deadlines set* yet* for filing to participate, but they will
probably be set within a couple weeks, and may be as short as a week; I
don't know. So, please file ASAP if you can. You can always withdraw, or
consolidate with another group, later on.
You do *not* need to be an organisation, you do *not* need to be or have a
lawyer, and you do *not* need to be in the US. You also do *not* need
permission from me or USPS.
You just need to have an "interest" in the case, and to file under either
of these two rules, preferably after getting an ArkCase e-filing account
(though contact the docket clerk to ask her to accept filings by email if
ArkCase is unusable for you):
1. Comments only
1. 39 CFR 3010.140 "Except for proceedings involving an appeal of a
Postal Service determination to close or consolidate a post office, any
person may submit comments in proceedings before the Commission. An
opportunity to provide a reply to comments shall be at the discretion of
the Commission, or the presiding officer if one is appointed.
The scope and
timing of comments and reply comments may be specified by
notice, order, or
presiding officer's ruling. There is no requirement to intervene in a
proceeding as a party in order to submit comments."
2. Intervention, either full or partial
1. 39 CFR 3010.142(b) "Notices of intervention. A notice of
intervention shall clearly and concisely set forth the nature
and extent of
the intervenor's interest in the issues to be decided, including
the postal
services utilized by the intervenor giving rise to the intervenor's
interest in the proceeding, and to the extent known, the position of the
intervenor with regard to the proposed changes in postal rates, fees,
classifications, or services, or the subject matter of the complaint, as
described in the notice of the proceeding. Such notice shall
state whether
or not the intervenor requests a hearing or in lieu thereof, a
conference,
and whether or not the intervenor intends to actively participate in a
hearing. Such notice shall also include on page one thereof the name and
full mailing address of no more than two persons who are to receive
service, when necessary, of any documents relating to such proceeding."
Be aware that parties on our side might get consolidated at the discretion
of the Presiding Officer, under 39 CFR 3010.142(e) and 3010.104. If that
happens, whoever gets consolidated would have to act as a group — filing,
negotiating, etc as one. If you think you're bringing something distinctive
to this case and don't want to be grouped with others, or if you want to be
grouped with a subset of the people on our side, please make sure to
explain your interest and unique views or possible contributions in more
depth in your notice of intervention.
*## Request for pro bono counsel and other assistance for me, and for
organising our coalition*
I have so far been doing this entirely on my own. Though I have substantial
legal experience, I'm not a lawyer. And I have no funding or support.
*1. Legal representation*
I would greatly appreciate pro bono legal representation, for myself & my
501(c)(3), both in the PRC proceeding, and for an appeal to DC Circuit
under 39 USC 3663 from parts of the Sept 12 order that ruled against me.
(And, depending on how things go, for an appeal to DC Circuit after the
proceeding.)
There is a 30 day deadline to file a 39 USC 3663 appeal after final order,
and I want to ensure that nothing is dropped by failure to appeal. I am not
sure whether the Sept. 12 order is a "final" order or not for this purpose.
I also have ongoing negotiation with USPS counsel. They have to file a
written answer by Monday, including a statement of conferral. I would like
help with that negotiation also, whether directly or by helping me
strategize.
*2. Personal and coalition assistance*
I would also appreciate help with PR, explaining this case in a way that
the public (and potential amici) can better understand, coordinating our
allies, mounting a public pressure campaign to influence the proceedings in
our favour, etc. And, candidly, I would appreciate emotional support.
Concision and PR are not my strong suit. I have multiple serious
disabilities on top of functional blindness (which mostly only impairs me
when I'm outside my home), and a lot of other things going on, which make
this difficult for me. I'm going to be *very* quickly overwhelmed, and I
need help. I can't do this alone.
I would be *glad *to pass off the role of lead negotiator and coordinator
for our coalition to people who have more energy and skill for this than I.
If that may be you, or you have a suggestion for who it should be, please
tell me.
*If you could potentially help with any of the above, please contact me
ASAP. *
*# Key info*
- *This case: *
- PRC docket ID:
- C2024-13
- official docket:
-
https://prc.arkcase.com/portal/docket-search/advanced/docket-details/6399
- ArkCase is rather a pain to use, so you may find it easier to
use my Google Drive folder below.
- unofficial docket:
-
https://drive.google.com/drive/folders/1Cr2wF86uMuMjthBYqSZ6UnGzO8p2UlCx
- This is my folder of all filings in this case, including DOCX
versions of USPS' filings (which they refused to file
publicly, but gave me
directly).
- Federal Register
-
https://www.federalregister.gov/documents/search?conditions%5Bagencies%5D%5B%5D=postal-regulatory-commission&conditions%5Bpublication_date%5D%5Bgte%5D=09%2F01%2F2024
- This proceeding was ordered to be published in the Federal
Register, but that hasn't happened yet. I don't know when it
will. When it
does, it'll show up at the link above (and in my Google Drive
folder for
the case).
For your convenience, I have attached, in DOCX form, the key parts of my
consolidated complaint and the PRC order. All the other documents, and PDF
versions, are in my Google Drive folder linked above, and all filings are
on the official docket linked above.
- *Law*
- US Code
- for this proceeding
- https://www.law.cornell.edu/uscode/text/39/3662
- for appeals
- https://www.law.cornell.edu/uscode/text/39/3663
- PRC regulations for procedure
- generally
-
https://www.law.cornell.edu/cfr/text/39/chapter-III/subchapter-C
- for participating
- https://www.law.cornell.edu/cfr/text/39/part-3010/subpart-C
- for all proceedings
- https://www.law.cornell.edu/cfr/text/39/part-3010/subpart-A
- for motions & discovery
- https://www.law.cornell.edu/cfr/text/39/part-3010/subpart-D
- for proceedings with opportunity for hearing on the record,
which may or may not apply (TBD)
- https://www.law.cornell.edu/cfr/text/39/part-3010/subpart-F
- e-filing registration rules
- https://www.law.cornell.edu/cfr/text/39/3010.121
- e-filing, filing format, library references, & signature rules
- https://www.law.cornell.edu/cfr/text/39/3010.120
- https://www.law.cornell.edu/cfr/text/39/3010.124
- https://www.law.cornell.edu/cfr/text/39/3010.125
- https://www.law.cornell.edu/cfr/text/39/3010.126
- Universal Postal Convention
-
https://www.upu.int/UPU/media/upu/files/UPU/aboutUpu/acts/manualsInThreeVolumes/actInThreeVolumesManualOfConventionMaj3En.pdf
- US domestic blind mail
- https://www.law.cornell.edu/uscode/text/39/part-IV/chapter-34
- USPS & PRC regulations & law
- PRC Mail Classification Schedule
- https://prc.gov/mail-classification-schedule
- USPS International Mail Manual
- https://pe.usps.com/text/imm/welcome.htm
- USPS Domestic Mail Manual
- https://pe.usps.com/text/dmm300/dmm300_landing.htm
- *Contacts at Postal Regulatory Commission (PRC) *
- PRC website
- https://www.prc.gov
- *Docket clerk, Mary: *
- dockets at prc.gov
- The PRC docket clerk is very friendly. She can help you get
registered for e-filing, help you get any publicly filed
documents, and
answer technical or practical questions about the filing
system (but not
procedural questions).
- *Public Representative, John Avila*
- john.avila at prc.gov
- The PR is a PRC lawyer assigned to this case to independently
represent the public interest, and can probably also answer
some questions
about procedure etc. He's formally firewalled from everyone
in the PRC who
makes decisions on behalf of the PRC. He should be able to tell you if
there's something for which you have to contact the Presiding Officer.
- *Presiding Officer, Joseph K. Press*
- https://www.law.cornell.edu/cfr/text/39/3012.2 makes it illegal
to contact him directly — i.e. other than openly by formal
filings and in
formal hearings — other than for specific circumstances. Most
likely, that
would be only for "(4) Questions concerning Commission procedures, the
status of a matter before the Commission, or the procedural
schedule of a
pending matter, where these issues are not contested matters
before the
Commission". You can contact him for that, but please try to check the
dockets clerk and Public Representative first.
- *Contacts for current parties*
- *Sai (me) and Fiat Fiendum, Inc. (my 501(c)(3) non-profit)*
- Note: Sai is my full legal name (I'm mononymous). Please don't
use any title for me, and use gender neutral language.
- sai at fiatfiendum.org
- +1 510 394 4724
- available most days between noon and 9pm UK time, but please
email to schedule if possible
- My extensive folder of related material, legal references, law
reviews, etc etc (other than my legal notes, drafts, strategy, etc):
-
https://drive.google.com/drive/folders/1vcyHRN-7grrMdY6WzxLEFWzBy4S1luUp
- *USPS (opposing counsel), Alex Rivera*
- You should always treat everyone at USPS as actively opposing
everything we may want, and looking to take advantage of any possible
misstep or admission or things that could be portrayed as such.
*Never *include USPS lawyers on anything sensitive or about
coalition matters.
- Please do not contact them about negotiations without first
running it by me (or whoever replaces me as our coalition
lead negotiator),
so that we present a unified front.
- USPS general email for PRC issues
- prccomplaints at usps.gov
- In your initial contact with them, you should *must *copy
this email. It is USPS' official contact for PRC matters.
- Alex is sometimes not available, and the prccomplaints email
is the backup when that happens.
- Alex Rivera
- Alexander.R.Rivera at usps.gov
- Alex Rivera is USPS' lawyer assigned to on this. Normally, if
communicating with opposing counsel, you'll email him, not the
prccomplaints general email.
- USPS has outright refused to negotiate with me at all for
several years, and Alex in particular has refused to
negotiate with me at
all until they lost the order on their motion to dismiss.
He now seems to
at least superficially suggesting that we may be able to negotiate
resolutions that are outside the scope of the formal
regulations & law and
address real-world problems. We'll see.
Thanks in advance for your time and consideration.
Sincerely,
Sai
President, Fiat Fiendum
P.S. Если вам удобнее, я говорю тоже по-русски. Si cela vous convient
mieux, je parle aussi français. Si le conviene mejor, yo hablo español
tambien.
Sent from my mobile phone; please excuse the concision, typos, and
autocorrect errors.
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