City of Kalamazoo, Michigan
A Community Resolution to Protect Civil Liberties
Whereas, the City of Kalamazoo has a long and distinguished history of protecting and expanding the civil rights and civil liberties of all of its residents when their liberties are threatened; and
Whereas, the City of Kalamazoo has a diverse population, including immigrants and students some of whom are non-citizens, whose contributions to the community are vital to its character and function; and
Whereas, the City of Kalamazoo has an interest in protecting all people from unlawful racial and ethnic profiling; and
Whereas, the City of Kalamazoo has honored and memorialized all those of our Armed Forces, citizens and non-citizens alike, who have fought and sometimes died in battle protecting these cherished and inalienable rights and liberties;
Whereas, the Charter of the City of Kalamazoo is specific and requires that the City Manager shall, as the chief administrative officer of the city, uphold all laws and ordinances, and
Whereas, acts and orders recently enacted at the Federal level, including sections of the USA PATRIOT Act and Executive and Justice Department orders have been questioned as threatening the fundamental rights and civil liberties guaranteed under the Bill of Rights of the U.S. Constitution and Declaration of Rights of the Michigan State Constitution;
NOW, THEREFORE, Be it Resolved by the City Commission of the City of Kalamazoo:
That we affirm our strong support for the rights and liberties guaranteed by our Federal and State Constitutions, by international law and by City ordinances.
Be it further resolved that to the extent legally possible, in such a way that does not conflict with the Charter of the City of Kalamazoo, or the obligations of Kalamazoo public safety officers to uphold and enforce the law of the land, no City resources, including city personnel or funds, be used to advance federal activities in the City of Kalamazoo, where such activities, investigations or proceedings have been found by a court of competent jurisdiction to violate the fundamental rights and liberties guaranteed under the Bill of Rights of the U.S. Constitution and Declaration of Rights of the Michigan State Constitution.
Be it further resolved that the City of Kalamazoo urges members of the Michigan Congressional delegation to actively work to amend any sections of the USA PATRIOT and Homeland Security Acts and any federal legislation, including the proposed Domestic Security Enhancement Act of 2003 (PATRIOT II), which are found by a court of competent jurisdiction to violate the fundamental rights and liberties enumerated and contained in the Constitutions of the United States and State of Michigan and treaties of the United States, and to restore the checks and balances inherent in our constitutional tradition.