Approved by: Lansing City Council
WHEREAS, the Lansing City Council wishes to express its concerns regarding the USA Patriot Act; and
WHEREAS, the City of Lansing supports all lawful and constitutional efforts to prevent and investigate terrorist or other criminal acts, and prosecute their perpetrators; and
WHEREAS, the City of Lansing is proud of its long and distinguished tradition of protecting the civil rights and liberties of its residents, a diverse group including immigrants from many nations, ethnic and religious groups, and students;
WHEREAS, as the state capital of Michigan, the City of Lansing is both a center of free expression and public debate on government actions and policies, and a symbol of the rights of free speech and assembly guaranteed by both the federal and state constitutions;
WHEREAS the vital investigation of terrorist acts should be conducted in a rational and deliberative fashion to ensure that new security measures enhance public safety without impairing constitutional rights or infringing on civil liberties;
WHEREAS the Lansing City Council believes that there is no inherent conflict between national security and the preservation of liberty; and
WHEREAS a law enforcement agency’s use of legislative powers or provisions such as the USA Patriot Act must be consistent with civil liberties guaranteed by the United States Constitution and should never deprive a person of, or otherwise abuse, an individual’s civil rights;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council, hereby,
1. Affirms its strong support of fundamental constitutional rights and its opposition to measures that infringe on civil liberties;
2. Encourages all citizens, organizations and governmental and legislative bodies to study, for understanding, the state and U.S. Constitutions and their history, and the Bill of Rights and its history, so that they can recognize and lawfully resist attempts to undermine our constitutional republic and our system of government;
3. Encourages the Capitol Area district Library to notify patrons that records of the books and other materials borrowed from that library, and Internet usage there, may be obtained by federal agents without informing the patron;
4. Encourages the Police Department of the City of Lansing to:
A. Continue its use of search warrants consistent with policies and practices that existed prior to the passage of the USA Patriot Act;
B. Continues to refrain from stopping drivers or pedestrians to scrutinize identification documents or commence an investigation or surveillance without particularized suspicion of criminal activity or civil infractions, or as a necessary part of protecting public safety;
C. Continues to refrain from collecting or maintaining information about political, religious or social views of individuals and organizations; or activities of individuals and organizations; unless such information directly relates to an investigation of alleged or suspected criminal activities; or there are reasonable grounds to suspect involvement in criminal conduct; or there is a need to protect public safety;
D. Continue to refrain from utilizing race, religion, ethnicity or national origin as a factor in selecting which individuals to subject to investigatory activities unless that person’s race, religion, ethnicity or nationality is part of that suspect’s description;
E. Use the City of Lansing resources or institutions for the enforcement of federal immigration matters only when such enforcement would further local law enforcement goals.