RESOLUTION NO. 03-47
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE SUPPORTING THE UNITED STATES CONSTITUTION AND THE BILL OF RIGHTS
WHEREAS, the City of Emeryville has an ethnically diverse population, including citizens of other nations, whose contributions to the community are vital to its character and functions; and
WHEREAS, the United States Constitution and the Bill of Rights guarantee to all persons living in the United States these fundamental rights: freedom of religion, speech, assembly; protection from unreasonable searches and seizures; due process and equal protection to any person; equality before the law and the presumption in innocence; access to counsel in judicial proceedings; and a fair, speedy and public trial; and
WHEREAS, the USA PATRIOT Act signed by George W. Bush on October 26, 2001, has a number of provisions that undermine these rights and fundamentally alter the nature of our civil liberties; and
WHEREAS, examples of the provisions in the USA PATRIOT Act and related Executive Orders that may violate our constitution and the rights and civil liberties of Emeryville residents are as follows:
- Significantly expands the government's ability to access sensitive medical, mental health, financial and educational records about individuals;
- Lowers the burden of proof required to conduct secret searches and telephone and Internet surveillance;
- Gives law enforcement expanded authority to obtain library records and prohibits librarians from informing patrons of monitoring or information requests;
- Limits disclosure of public documents and records under the Freedom of Information Act and;
- Gives the Attorney General and the Secretary of State the power to designate domestic groups, including religious and political organizations as ""terrorist organizations"";
- Grants power to the Attorney General to subject citizens of other nations to indefinite detention or deportation even if they have not committed a crime;
- Authorizes eavesdropping communications between lawyers and their clients in federal custody and;
WHEREAS, Department of Justice interpretations of the USA PATRIOT Act and these Executive Orders particularly target Muslims, people of Middle Eastern and South Asian descent and citizens of other nations and thereby encourages racial profiling by law enforcement agencies and hate crimes by individuals in our community; and
WHEREAS, the USA PATRIOT Act has the potential to threaten the rights of all Americans as provided within the Constitution and the Bill of Rights, now, be it
RESOLVED that the City Council of the City of Emeryville affirms its strong opposition to terrorism but also affirms that any efforts to end terrorism not be waged at the expense of the fundamental civil rights and liberties of the people of Emeryville and the United States, and be it, further
RESOLVED that the City Council of the City of Emeryville call on our United States Senators and Representatives to monitor the implementation of the Act and Orders and actively work for the repeal of the provisions of the Act and those Orders that violate fundamental rights and liberties as stated in the U.S. Constitution and the Bill of Rights, and be it, further
RESOLVED that the City Council of the City of Emeryville directs the City Manager to send copies of this resolution to the President of the United States, elected federal representatives, the Governor of California and the United Nations High Commissioner for Human Rights in Geneva, Switzerland.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, May 6, 2003 by the following vote:
Ayes: (3) Mayor Bukowski, Vice Mayor Atkin and Councilmember Davis
Noes: (1) Councilmember Kassis
Absent: None
Excused: None
Abstained: (1) Councilmember Caffey