Arcata City Council Resolution

Resolution of the City Council of the City of Arcata to Defend the Bill of Rights and Civil Liberties

WHEREAS, the City of Arcata and its citizens are governed by the United States Constitution, including the Bill of Rights, and the California State Constitution; and 

WHEREAS, the City of Arcata houses a diverse population, including non-citizens, whose contributions to the community are vital to its character and function; and 

WHEREAS, fundamental rights granted by the United States Constitution are threatened by actions taken at the federal level, notably by passage of sections of the USA PATRIOT ACT, the Homeland Security Act and several Executive Orders which, among other things: 

• Violate the First and Fourth Amendments to the Constitution through the expansion of the government's ability to wiretap telephones, monitor e-mail communications, survey medical, financial and student records, and secretly enter homes and offices without customary administrative oversight or without showing of probable cause;


• Give law enforcement expanded authority to obtain library records, and prohibits librarians from informing patrons of monitoring or information requests;


• Grant potential unchecked powers to the Attorney General and the U.S. Secretary of State to designate legal domestic groups as "terrorist organizations", while lifting administrative regulations against covert, surveillance counter-intelligence operations by the F.B.I. that in the past targeted domestic groups and individuals;


• Violate the Fifth, Sixth and Fourteenth Amendments to the Constitution in establishing secret military tribunals, and in subjecting citizens and non-citizens to indefinite detention even when they have not been allowed an attorney, brought to trial, or even charged with a crime; · Authorize eavesdropping on confidential communications between lawyers and their clients in federal custody;

WHEREAS, the City of Arcata adheres to the principle that no law enforcement agency, or any other city agency, may profile or discriminate against any person solely on the basis of ancestry, race, ethnic or national origin, color, age, sexual orientation, gender, religion, physical or mental disability; or apparent socio-economic status; 

WHEREAS, the City of Arcata recognizes the commitment it has to uphold the legal and human rights of its residents; 

WHEREAS, other communities from around the country have passed similar resolutions reinforcing local efforts to support and defend legal and human rights of their residents; 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARCATA that it has been, and remains, firmly committed to the protection of civil rights and civil liberties for all and affirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California State Constitution; 

BE IT FURTHER RESOLVED that local law enforcement continue to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested to do otherwise and infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT ACT or by Executive Order; 

BE IT FURTHER RESOLVED that law enforcement officials, public officials, and Arcatans engage in and participate in community dialogue on civil liberties issues, in order to promote the safety and well-being of Arcata; 

BE IT FURTHER RESOLVED that our Federal legislative delegation is petitioned to actively monitor the implementation of the USA PATRIOT ACT, any new Executive Orders, or COINTELPRO-type regulations and actively work for the repeal of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights. 

BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to all federal and state law enforcement agencies, the Governor's office, and to the California federal legislative delegation.