Tracy Owen v. John G. Mulligan

The Postmaster of the Seattle division of the United States Postal Service appeals from a federal district court injunction requiring the Postal Service to follow its own regulations. We hold that the district court did not abuse its discretion in issuing the injunction.

STATEMENT OF FACTS

On October 30, 1975, the chairman of the King County Republican Central Committee sued to compel the Postal Service to cancel the local Committee on Political Education of King County Labor Council’s (COPE) bulk mail permit. A permit holder is entitled to mail at preferential rates. The plaintiff alleged that COPE loaned its permit to Democratic candidates, specifically Rick Bender, in violation of the Postal Service Manual (PSM).

By statute, qualified non-profit organizations are allowed to send matter at a preferential third-class rate. Such an organization may send political literature at that rate, but it must be, as with any preferential rate mailing, “only its own matter.” PSM 134.57. Additionally, the organization may not “delegate or lend the use of its permit” or mail “matter in behalf of or produced for an organization not authorized to mail” at the preferential rate. PSM 134.57.…