A RESOLUTION REGARDING THE PROTECTION OF
CIVIL RIGHTS AND CIVIL LIBERTIES

Purpose.

Understanding that the City of Lowell believes that there is no inherent conflict between national security and the preservation of liberty and that government can protect public safety without impairing civil rights and liberties, the purposes of this resolution are as follows:

A. To protect the civil rights and civil liberties for all and to affirm the City of Lowell's commitment to embody democracy, and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and Massachusetts Constitutions;

B. To ensure that local law enforcement continues to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), or related Executive Orders, or by future enacted laws, executive orders or regulations; and

C. To avoid repeating mistakes made in the past during times of crisis such as the internment of Japanese Americans during World War Two and the suspension of the writ of habeas corpus during the Civil War.

Whereas, the City of Lowell has a long and distinguished history of fighting for the civil liberties of its residents; and

Whereas, the City of Lowell comprises a diverse population, including working people, people of color, students, and non-citizens, whose contributions to the community are greatly valued and provide vitality and character to the City of Lowell; and

Whereas, the City of Lowell is committed to upholding the human rights of all persons in the City of Lowell and all the rights and privileges secured by our Constitution and the laws of the United States, the Commonwealth of Massachusetts, and the City of Lowell, which guarantees all citizens the following rights:

· Freedom of speech, assembly, and privacy;
· The rights to counsel and due process in judicial proceedings; and
· Protection from unreasonable searches and seizures; and

Whereas, we believe these civil liberties are precious and are now threatened by:

Portions of the USA PATRIOT Act, which

· All but eliminates judicial supervision of telephone and Internet surveillance;
· Greatly expands the government's ability to conduct secret searches;
· Gives the Attorney General and the Secretary of State the power to designate domestic groups as terrorist organizations; and
· Grants the FBI broad access to sensitive medical, mental health, financial, and educational records about individuals without having to show evidence of a crime and without a court order; and

Federal Executive Orders, which

· Establish secret military tribunals for terrorism suspects;
· Permit wiretapping of conversations between federal prisoners and their lawyers;
· Lift Justice Department regulations against illegal COINTELPRO-type operations by the FBI (covert activities that in the past targeted domestic groups and individuals); and
 
 
· Limit the disclosure of public documents and records under the Freedom of Information Act;

Therefore be it resolved that:

1. The City of Lowell and its elected and appointed officials and employees will continue to preserve residents' freedom of speech, religion, assembly, and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures; and
2. The City of Lowell will reject racial profiling of any group within our community; and
3. The City of Lowell will urge the United States Federal Government and its various branches, representatives, and employees to act in a fair, open, and consistent manner by ensuring that all individuals are afforded their appropriate rights to due process; and
4. The City of Lowell will urge the Massachusetts Congressional Delegation to monitor the implementation of, any amendments to, and the sunsetting provisions of the USA PATRIOT Act and of related Executive Orders which violate fundamental rights and liberties.

The City of Lowell will send copies of this resolution to our Congressional Delegation, the U.S. Attorney General, and the President of the United States.
 
 
Resolution read and approved on roll call vote 6 yeas, 3 nays. So voted.

Richard C. Johnson, City Clerk

Approved by Manager John F. Cox November 17, 2004.