There have been a few posts on the local social media pages the past few months regarding the site of the anticipated new post office and if the post office isn’t going to use it, maybe – insert the name of your favorite restaurant – might be interested.
Not being fans of online scuttlebutt, we asked the post office a few months ago what was the status of its plans for the former Pizza Ranch at 1102 First St. NE and were told, “The Postal Service has secured a lease for a new facility location in New Prague and anticipates construction activities beginning soon.” So be it. It’s a lousy use for a high-visibility commercial property, but being a federal agency, the post office gets to write the rules. It can build a building that looks any way the USPS wants it to look. Because the post office is leasing the space, the owner of the property will at least pay property taxes on the property, said Ken Ondich, New Prague’s director of Community Development.
Unfortunately, the federal government is not bound by local zoning ordinances, if any. Such violation would be a rightful exercise of their federal power. See, Curtis v. Toledo Metro. Hous. Auth., 78 N.E.2d 676 (Ohio Com. Pl. 1947). Under the Supremacy Clause, the federal government itself is not subject to regulation by any state (or local government) for any purpose, zoning regulations including, see, Pan Am. Health Org. v. Montgomery Cnty., Md., 889 F. Supp. 234 (D. Md. 1994). Additionally, courts have also held that, even when the USPS is leasing a building that is privately owned, local building code regulations and permitting requirements do not apply in the construction of the subjected premises, as the USPS as an instrumentality of the federal government and as such, is immune from permit requirements. See, U.S. Postal Service v. City of Hollywood, Fla., 974 F. Supp. 1459 (S.D. Fla 1977).
The italicized legalize in the previous paragraph citing court cases indicates somebody had the unmitigated audacity to challenge the USPS’s inherent right to build whatever it wants, regardless of local building codes or community standards. Ondich noted there are relevant federal statutes that do set forth a local government's right to consultation and ability to make recommendations for matters related to USPS building construction or alteration. No doubt the USPS will be sensitive to the community’s standards. How could any federal agency prohibiting a sitting U.S. Representative – Angie Craig – from admission to the building be anything but sensitive to the local interests of a community for years longing for a facility where a person can park, use a dropoff mail box and have proper access for the disabled.
Remember, it was Rep. Craig who in 2024 lamented, after her request to tour the New Prague Post Office was rejected, she could attend a security briefing in the Pentagon but not be allowed in the New Prague Post Office.
We’re not suggesting the building will be built of some garish material, flashing lights and a color scheme even a shock jock carnival showman wouldn’t choose. Nor are we calling for a building made from brick with marble countertops and golden door handles. Will they leave the building as is? What about a loading dock? Perhaps it will likely resemble the cookie-cutter designs used in Elko New Market, downtown Belle Plaine, Prior Lake or Savage.
Truth be told, an interesting part of opening the new facility will be the possible razing of the former all-you-can-eat pizza, chicken and mashed spuds joint. Because it is not subject to local building code, don’t look for an application to raze the building or plans and drawings of the proposed facility or a layout of how it will fit into the lot before your local planning commission or city council.
All this uncertainty could be quelled with information from the USPS. We asked. Still awaiting a reply.
“We can request they submit us plans,” Ondich said, “but basically that's just as information and they don't need to comply with any of our requirements.”
How neighborly.