RES. 513-03

Resolution to Support a Free, Safe, and Secure Toledo.

WHEREAS, the City of Toledo is proud of its long and distinguished tradition of protecting the civil rights and liberties of its residents; and

WHEREAS, the City of Toledo has a diverse population, including immigrants and students, whose contributions to the community are vital to the economic, cultural and civic character; and

WHEREAS, the preservation of civil rights and responsibilities, and liberties is essential to the well-being of a democratic society; and

WHEREAS, federal, state and local officials have a responsibility to protect the public from terrorist attacks such as those that have occurred in the past decade, but should do so in a rational and deliberative fashion to ensure that any new security measure enhances public safety without violating the Constitution and the Bill of Rights of the United States of America; and

WHEREAS, the Council of the City of Toledo believes that there is no inherent conflict between national security and the preservation of liberty - Americans can be both safe and free; and

WHEREAS, recent federal policies adopted, including provisions in the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, Domestic Security Enhancement Act of 2003, and related executive orders, regulations and actions that threaten provisions of the Constitution by: 

(a)        authorizing the indefinite incarceration of non-citizens based on mere suspicion, and the indefinite incarceration of citizens designated by the President as enemy combatants without access to counsel or meaningful recourse to the federal courts;

(b)        limiting the traditional authority of federal courts to curb law enforcement abuse of electronic surveillance in anti-terrorism investigations and ordinary criminal investigations;

(c)        expanding the authority of federal agents to conduct so-called sneak and peek or black bag searches, in which the subject of the search warrant is unaware that his property has been searched;

(d)               granting law enforcement and intelligence agencies broad access to personal medical, financial, library and education records with little if any judicial oversight;

(e)               chilling constitutionally protected speech through overbroad definitions of terrorism and allowing police spying of lawful community demonstrations;

(f)                 driving a wedge between immigrant communities and the police that protect them by encouraging involvement of state and local police in enforcement of federal immigration law;

(g)               permitting the FBI to conduct surveillance of religious services, internet chat-rooms, political demonstrations, and other public meetings of any kind without having any evidence that a crime has been or may be committed; and

WHEREAS, these new powers pose a threat to the civil rights and liberties of the residents of our city, particularly those who are Arab, Muslim or of South Asian descent; and 

WHEREAS, many other communities throughout the country have taken the responsibility for reaffirming support for civil rights and civil liberties in the face of government policies that threaten these values, and demanding accountability from law enforcement agencies regarding their use of these new powers; NOW, THEREFORE,

Be it resolved by the Council of the City of Toledo:

SECTION 1.  AFFIRMS its strong support for protection of all citizens under the Constitution and its opposition to measures that infringe on civil liberties.

SECTION 2.  AFFIRMS its strong support for the rights of immigrants and opposes measures that single out individuals for legal scrutiny or enforcement activity based on their country of origin.

SECTION 3.  REQUESTS that public schools and institutions of higher learning within the City of Toledo provide notice to individuals whose education records have been obtained by law enforcement agents pursuant to section 507 of the USA PATRIOT Act.

SECTION 4.  REQUESTS public libraries within the City of Toledo to post in a prominent place within the library a notice to library users as follows:  WARNING: Under Section 215 of the federal USA PATRIOT Act (Public Law 107-56), records of the books and other materials you borrow from this library may be obtained by federal agents.  That federal law prohibits librarians from informing you if records about you have been obtained by federal agents.  Questions about this policy should be directed to: Attorney General John Ashcroft, Department of Justice, Washington, DC 20530.

SECTION 5.  DIRECTS the Clerk of Council to transmit a copy of this resolution to our federal and state elected officials, accompanied by a letter urging them to monitor federal anti-terrorism tactics and work to repeal provisions of the USA PATRIOT Act and other laws and regulations that infringe on civil rights and liberties.

SECTION 6.  DIRECTS the Clerk of Council to transmit a copy of this resolution to President Bush and Attorney General Ashcroft.