WHEREAS, any official position of the City of Los Angeles with respect to legislation, rules, regulations or policies proposed to or pending before a local, state or federal government body or agency must have first been adopted in the form of a Resolution by the City Council with the concurrence of the Mayor; and
WHEREAS, the City of Los Angeles 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 all persons living in the United States the 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 a fair speedy and public trial; and
WHEREAS, a great crime against humanity occurred on September 11, 2001, resulting in new federal laws and enforcement powers, including the USA PATRIOT ACT and related Executive Orders signed by President George W. Bush on October 26, 2002; and
WHEREAS, the USA PATRIOT ACT and related Executive Orders appear to weaken or contradict the above mentioned Constitutional rights; and
WHEREAS, examples of the provisions in the USA PATRIOT Act and related Executive Orders that may violate the Constitution and the civil rights and civil liberties of Los Angeles residents are as follows: Significantly expands the government's ability to access sensitive medical, mental health, financial and educational records about individuals, and 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; gives the Attorney General and the Secretary of State the power to designate domestic groups, including religious and political organizations "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 on confidential communications between lawyers and their clients in federal custody, and limits disclosure on public documents and records under the Freedom of Information Act; and
WHEREAS, the Department of Justice interpretations of this Act and the related Executive Orders particularly target Muslims, people of Middle Eastern and South Asian descent and citizens of other nations, and thereby encourage racial profiling by law enforcement and hate crimes by individuals in our community; and
WHEREAS, the City of Los Angeles has a well documented strong opposition to terrorism, but should affirm that any efforts to end terrorism not be waged at the expense of the fundamental civil rights and liberties of the people of Los Angeles, the United States and the World, and
WHEREAS, the City of Los Angeles should affirm the rights of all people, including United States citizens and citizens of other nations, living within the City in accordance with the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution, and
WHEREAS, all private citizens and organizations, including residents, employers, educators, and business owners should demonstrate similar respect for civil rights and civil liberties, especially but not limited to conditions or employment and cooperation with investigations; and
NOW, THEREFORE, BE IT RESOLVED, with the concurrence of the Mayor, that by the adoption of this Resolution, the City of Los Angeles hereby includes in its 2003 - 2004 Federal Legislative Program SUPPORT of any legislation which would REPEAL provisions in the USA PATRIOT ACT and related Executive Orders that may violate the Constitution and the civil rights and civil liberties of individuals, as further detailed in the text of this Resolution; OPPOSITION to any legislative or administrative action which would strengthen government's ability to engage in the above-referenced activities to violate individual privacy and civil rights; and OPPOSITION to any legislation or administrative action which would require libraries to monitor, provide information and report on the borrowing practices of library patrons.