WHEREAS, the citizens of Des Moines have a long and distinguished history of protecting their civil rights and civil liberties; and
WHEREAS, the City of Des Moines houses a diverse population of many nationalities, including students, working people, and immigrants, whose contributions to the community are vital to its character and function; and
WHEREAS, the City of Des Moines is called to uphold the human rights and civil liberties granted by the United States constitution; and
WHEREAS, many people throughout communities across the nation, including Des Moines, are concerned that provisions in the USA Patriot Act (Public Law 107-56) threatens civil rights and liberties guaranteed under the United States Constitution.
THEREFORE, BE IT RESOLVED:
1. That the City Council of Des Moines, acting in the spirit and history of our community, affirms its strong support for fundamental constitutional rights, as expressed in the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments, and its opposition to federal measures that could infringe on civil liberties, and therefore expresses its opposition to:
a. investigation of individuals or groups of individuals based on their participation in activities protected by the First Amendment, such as political advocacy or the practice of a religion, without reasonable suspicion of criminal activity unrelated to the activity protected by the First Amendment;
b. racial, religious, ethnic profiling and any measures that single out individuals for legal scrutiny or enforcement activity based on their country of origin;
c. accessing personal records through a third party without proper personal notification or judicial oversight;
d. ""sneak and peek"" searches, pursuant to Section 213 of the Patriot Act, unless the search is authorized and conducted in accordance with Iowa State Law;
e. the power to authorize the indefinite incarceration of non-citizens based on mere suspicion of terrorist activity, and the indefinite incarceration of citizens designated ""enemy combatants"" without access to counsel or given the right to due process of the law.
2. That the Council of the City of Des Moines requests each of the City's public libraries to post in a prominent place within the Library a notice to library patrons worded as follows: ""WARNING! Under Section 215 of the U.S.A. PATRIOT Act (Public Law 107-56), records of the books and other materials you borrow from the Library may be obtained by federal agents. That federal law prohibits librarians from informing you if records about your borrowing activity have been obtained by federal agents.""
3. In order to assess the effect of antiterrorism initiatives on the people of the City of Des Moines, the City Council calls upon federal officials to make annual reports, consistent with the Freedom of Information Act, that include:
a. the number of people living in Des Moines who have been arrested or otherwise detained by federal authorities as a result of terrorism investigations since September 11th, 2001;
b. the number of search warrants that have been executed in the City of Des Moines without notice to the subject of the warrant pursuant to section 213 of the USA PATRIOT Act;
c. the number of electronic surveillance actions carried out in the City of Des Moines under powers granted by the USA PATRIOT Act;
d. the number of investigations undertaken by local and federal authorities to monitor political meetings, religious gatherings or other activities protected by the First Amendment within the City of Des Moines;
e. the number of times education records have been obtained from public schools and institutions of high learning in the City of Des Moines under section 507 of the USA PATRIOT Act;
f. the number of times library records have been obtained from libraries in the City of Des Moines under section 215 of the USA PATRIOT Act.
4. That the City Council direct all city departments and employees to continue their strong commitment to preserve the people's of Des Moines freedom of speech, religion, assembly and privacy; the right to counsel and due process in judicial proceedings; and the protection from unreasonable searches and seizures.
5. The City Council advise any federal or state law enforcement officials, acting within the City of Des Moines, to work in accordance with the policies and procedures of the City when cooperating with city departments, continue to guarantee the fundamental constitutional rights of all persons living in Des Moines.
6. That the City Council of Des Moines orders the City Clerk transmits a copy of this resolution to President Bush, Attorney General Ashcroft and the Iowa national Congressional delegation.