Resolution 03-0486
WHEREAS, the city of Duluth recognizes the Constitution of the United States of America to be the supreme law of the land, which all public servants are sworn to uphold, superceding all administrative rules, local ordinances, state statutes, and federal laws; and
WHEREAS, the Bill of Rights of the Constitution of the United States and the Constitution of the state of Minnesota guarantee those living in the United States the following rights: freedom of speech, assembly and privacy; equality before the law and the presumption of innocence; access to counsel and due process in judicial proceedings; protection from unreasonable searches and seizures; and protections of the Fourth Amendment to the United States Constitution; and
WHEREAS, the Fourth Amendment to the United States Constitution states ""The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized;"" and
WHEREAS, the United States Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) on October 26, 2001; and
WHEREAS, several acts and orders recently enacted at the federal level, including sections of the USA PATRIOT Act and several Executive Orders, now threaten these fundamental rights and liberties:
Freedom of speech, religion, assembly and privacy;
The rights to counsel and due process in judicial proceedings; and
Protection from unreasonable searches and seizures;
WHEREAS, we believe these civil liberties are precious, and may be threatened by these acts and orders, which:
Reduce judicial supervision of telephone and Internet surveillance;
Expand the government's ability to conduct secret searches without warrants;
Grant power to the Secretary of State to designate domestic groups as ""terrorist organizations;""
Grant power to the Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime;
Grant the Federal Bureau of Investigation (FBI) access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime; and
Grant the FBI the power to compel libraries and bookstores to produce circulation or purchase records of their patrons and forbids disclosure that such records have been requested and produced; and
WHEREAS, the city of Duluth has been, and remains, committed to the protection of civil rights and liberties for all citizens of Duluth, and that the city council believes that a threat to any one person's constitutional rights is a threat to the rights of all;
NOW, THEREFORE, BE IT RESOLVED we the city council of Duluth, Minnesota, acting in the spirit and history of our community, do hereby resolve:
That the Duluth city council affirms the rights of all people, including United States citizens and citizens of other nations, within the city, in accordance with the Bill of Rights and the Fourteenth Amendment of the United States Constitution; and
That the Duluth city council calls upon our United States congressional representatives and senators to monitor the implementation of the USA PATRIOT Act and Executive Orders issued pursuant to the Act and to call upon our congressional representatives to actively work to repeal the parts of that act and those orders that violate fundamental rights and liberties as stated in the Constitution of the United States; and
That the Duluth city council opposes any attempt to eliminate the sunset provision of the USA PATRIOT Act which would provide a necessary congressional review of the law before making it permanent; and, that any enhancement to the USA PATRIOT Act, such as USA PATRIOT II (a/k/a Domestic Security Act of 2003) be forestalled until such time as enhancements or changes are done in full view of American citizens;
That the city clerk is directed to provide copies of this resolution to the city's United States congressional representatives, the United States Attorney General, and the President of the United States.
Resolution 03-0486 was adopted upon the following vote:
Yeas: Councilors Atkins, Bergson, Gilbert, Hogg, Ness, Stewart and Stover ?? 7
Nays: Councilor Stauber and Pesident Stenberg ?? 2
Approved July 14, 2003
GARY L. DOTY, Mayor