A Resolution of the Council of the City of Cleveland Heights calling upon our United States Representatives and Senators to monitor the implementation and execution of the USA PATRIOT Act (Public Law 107-56) and related legislation and executive orders, and to actively work for the repeal of any legislation and executive orders that violate fundamental rights and liberties as stated in the Constitution of the United States or that are otherwise overbroad and unnecessary to protect our national security; and declaring an emergency: NO. 38-2004(PSH)
WHEREAS, in response to the tragic crime against humanity that occurred on September 11, 2001, new federal laws and enforcement powers, including the USA PATRIOT Act (Public Law 107-56) (the ""Act"") were hastily enacted; and
WHEREAS, since that time questions have arisen from citizens of both major political parties as well as editors and commentators as to the compatibility of certain provisions of the Act and certain actions taken thereunder with the basic freedoms and liberties guaranteed by the United States Constitution; and
WHEREAS, the City of Cleveland Heights values its racially, religiously and ethnically diverse population, including immigrants and college students, whose contributions to the community are vital to its economy, culture and civic character, and has concerns about any governmental actions which could lead to a climate of profiling based upon race, religion or ethnicity; and
WHEREAS, more than two hundred communities throughout this country and several states have enacted resolutions reaffirming support for the fundamental civil liberties and freedoms that define our Nation, and demanding accountability from the federal government in the enforcement of the Act so that the campaign against terrorism is not waged at the expense of these fundamental liberties and freedoms.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Cleveland Heights, Ohio, that:
SECTION 1. The Council of the City of Cleveland Heights hereby affirms its strong support for the fundamental constitutional rights and liberties of the peoples of this Nation, and calls upon its United States Representatives and Senators to monitor the implementation and execution of the USA PATRIOT Act (Public Law 107-56) and related legislation and executive orders and to actively work for the repeal of any legislation and executive orders that violate fundamental rights and liberties as stated in the United States Constitution or that are otherwise overbroad and unnecessary to protect national security.
SECTION 2. The Clerk of Council is hereby directed to forward a copy of this legislation to the President of the United States, the Attorney General of the United States, the State of Ohio's two Senators, the United States Representatives representing districts in Cuyahoga County, the Governor of the State of Ohio, and the Speaker of the House and Senate Majority Leader of the Ohio Legislature.
SECTION 3. Notice of the passage of this Resolution shall be given by publishing the title and abstract of its contents, prepared by the Director of Law, once in one newspaper of general circulation in the City of Cleveland Heights.
SECTION 4. This Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the City of Cleveland Heights, such emergency being the need to join with other communities to protect the nation's civil rights and liberties. Wherefore, provided it receives the affirmative vote of five or more of the members elected or appointed to this Council, this Resolution shall take effect and be in force immediately upon its passage; otherwise it shall take effect and be in force from and after the earliest time allowed by law.