Resolution as amended at Special Town Meeting

WHEREAS, many people throughout communities across the nation including the Town of Bethany are concerned that certain provisions of the USA PATRIOT Act threaten civil rights and liberties guaranteed under the United States Constitution, whereas the Town of Bethany has been and remains committed to the protection of civil rights and liberties for all people as expressed in the United States and the Connecticut Constitution; and

WHEREAS the Declaration of Independence of the United States holds as self-evident that all people are created equal and are endowed with the inalienable rights of life, liberty, and the pursuit of happiness; and

WHEREAS the First Amendment of the United States Constitution specifies that no law be made ""respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people to peacefully assemble, and to petition the Government for redress of grievances""; and

WHEREAS the Fourth Amendment declares that ""the right of the people to be secure in their persons, houses, and 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 person's things to be seized""; and

WHEREAS the Fifth Amendment states that no person ""shall be compelled in any criminal case to be a witness against himself""; and

WHEREAS the Sixth Amendment guarantees defendants ""the right to a speedy and public trial, by an impartial jury, and to be informed of nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have Assistance of Counsel for his defense""; and

WHEREAS the Eight Amendment states that ""excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted""; and

WHEREAS the Fourteenth Amendment prohibits the government from denying ""to any person within its jurisdiction the equal protection laws""; and

NOW, THEREFORE, BE IT RESOVLED that the Town of Bethany affirms the rights of all people-including United States citizens and citizens of other nations-within the Town in accordance with the Bill of Rights and the Fourteenth Amendment of the United States Constitution. 

BE IT FURTHER RESOLVED that the Board of Selectmen calls upon all Town officials and employees to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations.

BE IT FURTHER RESOLVED that the Board of Selectmen calls upon all private citizens including residents, employees, 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 investigations. 

BE IT FURTHER RESOLVED that, to the extent legally possible, no Town employee or department shall officially assist or voluntarily cooperate with the investigations, interrogations, or arrest procedures, public or clandestine, that are judged to be in violation of individual's civil rights and civil liberties as specified in the above Amendments to the United States Constitution. 

BE IT FURTHER RESOLVED that the Town Clerk communicate this resolution via certified mail, return receipt requested to all Town Departments, the Courts, the Governor and the Attorney-General of the State of Connecticut, the Connecticut Congressional delegation, the United States Attorney-General and the President of the United States.

BE IT FURTHER RESOLVED that the provisions of this Resolution shall be severable, and if any phrase, clause, sentence or provision of this Resolution is declared by a court of competent jurisdiction to be contrary to the Constitution of the United States or of the State of Connecticut or the applicability thereof to any agency, person, or circumstances is held invalid, the validity of the remained in this Resolution and the applicability thereof to any other agency, person or circumstances shall not be affected thereby.

BE IT FURTHER RESOLVED that this resolutions be made available to the residents of Bethany upon request.