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Pittsfield, MA Resolution

Document Date: October 31, 2003

RESOLUTION IN OPPOSITION OF THE USA PATRIOT ACT

WHEREAS, the City of Pittsfield has a long and distinguished history of protecting and expanding civil rights and liberties, often acting as a beacon for our country's citizens when rights were threatened; and

WHEREAS, the City of Pittsfield has a divers population, including non-citizens, whose contributions to the community are vital to its character and function; and

WHEREAS, the City of Pittsfield has with gratitude for their supreme sacrifice memorialized those of our Armed Forces who died in battle establishing and protecting our cherished rights and liberties; and

WHEREAS, federal legislation called the USA PATRIOT Act (which was passed abruptly following the tragic and murderous events of September 11, 2001) seriously damages the constitutional protections which are enshrined in the Bill of Rights; and

WHEREAS, more recent investigations reveal that it was not lack of information, but rather ineffective use of information by our intelligence agencies which permitted the events of 9/11 to occur; and

WHEREAS, it is not unpatriotic but rather Un-American to destroy the very freedoms which cause Americans to love their country; and

WHEREAS, one effect of the Patriot Act is to lessen the strength of the Judicial and Legislative branches of our government while simultaneously giving nearly unlimited powers to the Executive branch, thereby damaging separation of powers provisions of the US Constitution meant to protect us from tyranny; and

WHEREAS, open government is critical to democracy because citizens need information to make political decisions, but the Patriot Act authorizes dangerous government secrecy in that it:
a) allows secret military tribunals at which a person is afforded no independent defense counsel and could be sentenced to death without the knowledge or approval of the American people,
b) allows indefinite imprisonment of foreign nationals even if no criminal charge has been placed against them; and

WHEREAS, the President has signed an Executive Order ""locking down"" presidential records, thus denying citizens an important tool for judging the actions of the Executive; and

WHEREAS, another effect of the Patriot Act is to lessen citizens' privacy in that it:
a) includes certain ""sneak and peek"" provisions which allow a citizens' home and possessions to be searched without his knowledge either before or after the search
b) allows the collection of information concerning individual citizens' from private business records (including financial, medical, library readings, purchases) under orders of a secret court
c) forbids citizens who provide such information under such secret court order from speaking publicly about what they have been ordered to do
d) permits surveillance of individual e-mail and internet communications,
e) allows the sharing of such personal, private individual information among any number of government agencies and even foreign government;

THEREFORE, the City Council of Pittsfield MA resolves to oppose those provisions of the Patriot Act which are in conflict with the US Constitution and especially the Bill of Rights. Furthermore, we call upon our elected MA state representatives to introduce and support a State Resolution opposing the USA PATRIOT Act. Especially, we call upon our elected Federal representatives to repeal all of those provisions of the PATRIOT Act which present the appearance of conflict with the US Constitution and the Bill of Rights.

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