of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment, the motion for summary judgment only alleged a First Amendment violation. On appeal, the Unions again argue only that the VCA violates their right to free speech. 2 . Unlike the state itself, amici apparently recognize that the state must have proprietary control over the forum in question in order for us to conclude that the forum is nonpublic. 3 . In Ambus, we noted that the third and fourth Mt. Healthy factors address whether a judgment would be paid from the state treasury. Id. at 996. Although the sc ent regulation could act to transform third-party property into a nonpublic forum, such a circumstance is not present here. Cf. Council of Greenburgh Civic Ass'ns, 453 U.S. at 128, 101 S.Ct. 2676 (<HOLDING>). 6 . In so holding, we reach the same
holding that mailboxes although paid for by the customer are an essential part of the postal service for purposes of forum analysis recognizing that although provision of municipal service is not fundamental right inequitable provision of that service is subject to equal protection analysis holding that equitable estoppel did not apply because boyd was not affirmatively misled by a postal service official holding agencies of state government are part of the state for purposes of sovereign immunity holding it appropriate for the purposes of developing an analysis of the potential damages at issue to include some request for information or an appropriately designed questionnaire which could be made part of the notice itself