A RESOLUTION OF THE CITY OF SANTA MONICA AFFIRMING THE CITY'S STRONG COMMITMENT TO CIVIL LIBERTIES, OPPOSING THE USA PATRIOT ACT AND RELATED ORDERS AND DIRECTIVES, AND SUPPORTING UNABROGATED CITY PROTECTION FOR CONSTITUTIONAL RIGHTS
WHEREAS, the United States Constitution guarantees all persons living in the United States fundamental rights including freedom of religion, speech, assembly and privacy; protection from unreasonable searches and seizures; due process and equal protection; and access to counsel, presumption of innocence and a fair, speedy public trial; and
WHEREAS, a great crime against humanity occurred on September 11, 2001, resulting in new federal laws and enforcement powers, including the USA PATRIOT ACT signed by President George W. Bush on October 26, 2001; and
WHEREAS, the USA PATRIOT ACT appears to weaken or contradict the above-mentioned Constitutional rights; and
WHEREAS, Department of Justice interpretations of this Act and Executive Orders under the Act appear to particularly target Muslims, people of Middle Eastern and South Asian descent and citizens of other nations, thereby encouraging racial and ethnic profiling; and
WHEREAS, the City of Santa Monica proudly houses a diverse population, including many citizens of other nations, whose contributions to our community are vital to its character and function; and
WHEREAS, the PATRIOT Act significantly expands the government's ability to access sensitive medical, mental health, financial and educational records about individuals, lowers the burden of proof required to conduct secret searches and telephone or internet surveillances, increases federal law enforcement authority to obtain library records and prohibits librarians from informing patrons of monitoring or information requests; and
WHEREAS, our own Santa Monica Public Library Board has discussed concerns regarding how our community might protect patrons' rights to privacy and confidentiality while using City of Santa Monica public facilities; and
WHEREAS, the City of Santa Monica has a history of providing leadership in upholding Constitutional rights and preventing the abuse of the civil rights of its residents;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of Santa Monica affirms its abhorrence for and opposition to terrorism, but also insists that efforts to end terrorism not be waged at the expense of fundamental civil rights.
SECTION 2. The City of Santa Monica affirms its commitment to the rights of all people, including those of various ethnicities and citizenships, and to reasonable and proper expectations of individual privacy when using community facilities such as our Public Library.
SECTION 3. The City of Santa Monica opposes any part of or implementation of the USA PATRIOT Act, Justice Department directives and Executive Orders which contravene the civil rights guaranteed by the United States Constitution.
SECTION 4. The City Council affirms the existing legal responsibility and policy of the City of Santa Monica to uphold the United States Constitution and to scrupulously observe the civil rights and civil liberties of individuals in the delivery of City services and the execution of municipal obligations. Nothing in the USA PATRIOT Act shall be interpreted as abrogating that responsibility or altering that policy.
SECTION 5. The City Council calls upon all private citizens and organizations, including residents, employers, educators and business owners, to demonstrate similar respect for civil rights and civil liberties, especially but not limited to conditions of employment and cooperation with PATRIOT Act investigations.
SECTION 6. The City of Santa Monica calls upon United State Representative Henry Waxman and United States Senators Barbara Boxer and Dianne Feinstein to vigilantly monitor the implementation of the USA PATRIOT Act and associated Orders, and to actively work for the repeal of those sections of the Act and those Orders that violate fundamental rights and liberties as stated in the United States Constitution and its Amendments.