A RESOLUTION OPPOSING THE USA PATRIOT ACT
WHEREAS, the Commonwealth of Virginia, Albemarle County, and the City of Charlottesville have a rich history of securing the inalienable rights of individuals, dating to the first settlement of our Commonwealth in 1607, through the Revolutionary War and the adoption of key documents authored by Virginians such as Thomas Jefferson, James Madison, and George Mason; and
WHEREAS, these documents include the Declaration of Independence, the Virginia Declaration of Rights, the Virginia Act for Establishing Religious Freedom, the United States Constitution, and the U.S. Bill of Rights; and
WHEREAS, the City of Charlottesville houses a diverse population, including citizens of other nations, whose contributions to the community are vital to its character and function; and
WHEREAS, the United States Constitution guarantees to 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 to any person; equality before the law and the presumption of innocence; access to counsel in judicial proceedings; and the right to a fair, speedy, and public trial; and
WHEREAS, several actions recently taken by the federal government, including the adoption of certain sections of the USA PATRIOT Act and several Executive Orders, now threaten these fundamental rights and liberties; and
WHEREAS, Federal, State and Local governments, in their efforts to protect residents from terrorist attacks, should do so in a rational and deliberative fashion to ensure that any new security measures enhance public safety without impairing constitutional rights or infringing on civil liberties; and
WHEREAS, our nation has taken its strength from the freedoms guaranteed of all citizens and should lead the world in setting the example of Democracy's ability to protect itself without undue coercion of its citizens or resorting to government secrecy, violation of due process or invasion of privacy.
NOW, THEREFORE, BE IT RESOLVED THAT THE CHARLOTTESVILLE CITY COUNCIL:
1. AFFIRMS its strong support for fundamental, constitutional rights as well as its opposition to Federal measures that infringe upon these rights; and
2. AFFIRMS its oppositions that single out individuals for government scrutiny and enforcement activity based on their country of origin; and
3. REQUESTS that local law enforcement 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, even if requested or authorized to infringe upon these rights by federal law enforcement acting under new powers granted by the USA PATRIOT Act or Orders of the Executive Branch; and
4. AFFIRMS that any Federal or State law enforcement official acting within the City of Charlottesville work in accordance with the policies and procedures of our Police Department, not engage in or permit detention without charges; and
5. REQUESTS THAT THE Mayor of the City of Charlottesville seek periodically from Federal authorities a public report to the City of the extent and manner in which they have acted under the USA PATRIOT Act or the new Executive Orders, including the names of any detainees held in the region or any Charlottesville residents detained elsewhere; and
6. AFFIRMS that the members of the Council call upon all private citizens and organizations, including residents ,employers, educators and business owners, to demonstrate similar respect for civil rights and civil liberties, specially but not limited to conditions of employment and cooperation with investigations; and
7. AFFIRMS that public schools and institutions of higher learning within the City of Charlottesville should provide notice to individuals whose education records have been obtained by law enforcement agents pursuant to Section 507 of the USA PATRIOT Act; and
8. AFFIRMS that public libraries within the City of Charlottesville should post a in a prominent place within the library a notice to library users as follows: ""Warning to Library Patrons: Under Section 215 of the USA PATRIOT Act (Public Law 107-56) records of books and other materials borrowed from this library, as well as Internet activity in this library, may be obtained by Federal agents. This federal law prohibits librarians from informing you if records about you have been obtained by Federal agents""; and
9. REQUESTS that our congressional delegation set up an independent oversight system to monitor the implementation of the laws and Executive Orders cited herein and actively work to rescind or repeal those laws and regulations that violate fundamental rights and liberties guaranteed by the United States and Virginia Constitutions; and
10. REQUESTS that copies of this resolution be distributed to President George Bush and U.S. Attorney General John Ashcroft; U.S. Senator John Warner, U.S. Senator George Allen, and Representative Virgil Goode; Virginia Governor Mark Warner and Virginia Attorney General Jerry Kilgore.
Approved by Council
July 21, 2003