RESOLUTION NO. 2003-28
A RESOLUTION of the City of Bainbridge Island, Washington, to protect
the civil rights and liberties of the people of Bainbridge Island, Washington.
WHEREAS, the people of Bainbridge Island, Washington, are acutely aware that over 200 of our neighbors of Japanese descent were forcibly removed from their homes and our community to be interned in camps during World War II, thus denying them the civil liberties guaranteed by the State of Washington and the Constitution of the United States of America;
WHEREAS, this process of denying constitutional rights to targeted citizens had a profound impact on their lives, their livelihoods, and the peace and safety of all people of Bainbridge Island and our community as a whole;
WHEREAS, the spirit and intent of our community is to never let the denial of constitutional rights happen here again for law-abiding residents of any ethnicity or religion;
WHEREAS, the Bill of Rights of the United States Constitution and the Constitution of the State of Washington ensure that every person has the right to freedom of speech and association. Every person has the right to freedom of religion. Every person has the right to assembly and privacy. Every person has the right to due process in judicial proceedings. Every person has the right to be free from unreasonable search and seizure. Stops or arrests may not be made without establishing reasonable suspicion or probable cause that a crime has been committed or is about to be committed. Every person has the right to equal protection under the law and the right not to be deprived of life, liberty, or property without due process of law;
WHEREAS, the people of Bainbridge Island, Washington, believe that the above-mentioned constitutional guarantees are of the utmost importance, and there is strong evidence that these guarantees are threatened by parts of the USA PATRIOT Act, related legislation, and Federal Executive orders;
WHEREAS, it is clear to the people of Bainbridge Island, Washington, that parts of the USA PATRIOT Act and other related acts and legislation particularly target students, immigrants, naturalized United States' citizens and foreign nations, but could affect any one of us in the United States who legally acts and speaks against government policy; and that the Executive Order on secret military tribunals undermines the US government's ability to denounce atrocities carried out in secret by military tribunals elsewhere in the world;
WHEREAS, parts of these cited laws and acts were deemed as unnecessary by many law enforcement officials for the prosecution of, and protection from, terrorism, and that a growing number of cities throughout the country are passing similar resolutions;
NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Bainbridge Island, Washington, makes the following resolutions as a manifestation of our history and a covenant for our people's wish, desire, and need to defend their constitutionally protected rights to liberty, justice, and the pursuit of happiness:
1. The City of Bainbridge Island has been and remains firmly committed to the protection of civil rights and civil liberties for all people in our City, including those who are citizens of other nations. We affirm this commitment to embody the spirit of democracy, to embrace and defend human rights and civil liberties, to make those liberties viable for all, regardless of citizenship status, gender, racial identification, religious affiliation, age, sexual orientation, or country of origin.
2. The City of Bainbridge Island affirms its strong opposition to those parts of the USA PATRIOT Act, related legislation and acts, and to certain Justice Department directives and executive orders that weaken or destroy our constitutional civil rights and liberties.
3. The City of Bainbridge Island calls upon all its citizens, residents, and community groups, to join in affirming the principles as stated in the Bill of Rights and in the Constitution of the State of Washington.
4. The City of Bainbridge Island directs City employees and departments to choose their legal option to withhold cooperation in federal investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individuals' civil rights or civil liberties as specified in the Bill of Rights, an amendment to the United States Constitution, and in the Constitution of Washington State.
5. The City of Bainbridge Island shall employ all possible leverage to ensure that Federal and State law enforcement officials working within the city not engage, to the extent legally permissible, in law enforcement activities that threaten the civil rights and civil liberties of the people of Bainbridge Island, such as surveillance, wiretaps, and securing private information, which the USA PATRIOT Act and related legislation and acts authorize. In addition, no City of Bainbridge Island employee or department shall spy on or gather information on religious or political meetings or rallies in the absence of substantiated evidence that the organization is involved in terrorism or some other illegal activity.
6. The City of Bainbridge Island sends copies of this resolution to the President of the United States, to local Congressional representatives, and to the United Nations High Commissioner for Human rights in Geneva, Switzerland. Further, the City Council of Bainbridge Island requests that our United States Congressional representatives monitor the implementation of the USA PATRIOT Act and related legislation, acts, and executive orders, and actively work for the repeal of the parts of those documents that violate fundamental rights and liberties as stated in the Constitution of the United States and the Constitution of Washington, in the United Nations Charter, and the ratified International Covenant on Civil and Political Rights, the Convention Against torture, and the Convention on Elimination of Racial Discrimination.
PASSED by the City Council this 28th day of May, 2003.
APPROVED by the Mayor this 29th day of May, 2003.
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DARLENE KORDONOWY, Mayor
FILED WITH THE CITY CLERK: May 28, 2003
PASSED BY THE CITY COUNCIL: May 28, 2003
RESOLUTION NO. 2003-28