RESOLUTION NO. 2003-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POINT ARENA PROTECTING THE CIVIL LIBERTIES OF LOCAL RESIDENTS.
WHEREAS; the City of Point Arena respects and strives to protect the civil rights and civil liberties of all its residents; and
WHEREAS; the City of Point Arena has a diverse population, including immigrants, people of various ethnicities, Native Americans, people with diverse religious affiliations, students and people of all ages, incomes and employment status, all of whose contributions to the community are vital to its character and function; and
WHEREAS; fundamental constitutional rights are essential to the preservation of a just and democratic society; and
WHEREAS; several new federal laws, regulations and executive orders issued during the past year including the adoption of certain provisions of the USA Patriot Act and related Federal Executive Orders now threaten these constitutional rights and liberties, including:
· Freedom of speech and religion;
· Right to privacy;
· Right to counsel and due process in judicial proceedings;
· Right to equal protection before the law; and
· Protection from unreasonable searches and seizures; and
WHEREAS; these powers threaten the civil rights and civil liberties of residents of Point Arena, particularly affecting those of Arab, Muslim, Hispanic and South Asian backgrounds; and those with histories of public service, activism or dissent; and
WHEREAS; thirty years ago, California voters overwhelmingly adopted a Constitutional right to privacy to protect against a "proliferation of government snooping and data collecting [that] is threatening to destroy our traditional freedoms";
NOW, THEREFORE, BE IT RESOLVED that the City Council of Point Arena affirms its strong opposition to terrorism, but also affirms that any efforts to combat terrorism not be waged at the expense of the fundamental civil rights and liberties of the people of Point Arena, the United States and other countries; and
BE IT FURTHER RESOLVED that the City of Point Arena:
Affirms its strong support for and adherence to the fundamental rights set forth in the United States Constitution and the Bill of Rights; and
Asserts its opposition to the provisions of the USA Patriot Act and certain recent Federal Executive Orders that infringe on important civil liberties. These provisions and sections, as we understand them, include, but are not limited to the following:
USAPA §802, which creates a new federal crime, "domestic terrorism", the definition of which is so broad that it may be interpreted to include activists exercising their rights to assemble and to dissent and persons engaging in civil disobedience;
USAPA §215, which permits the FBI Director to seek records from bookstores and libraries, of books that a person suspected of terrorism has purchased or read and places a gag order to prevent anyone from disclosing that they have been ordered to produce such records;
The Attorney General's Edict for Increased Surveillance of Religious and Political Organizations, which rescinds protective regulations and authorizes the FBI to monitor and survey religious groups and political groups without evidence of wrongdoing;
The Attorney General's approval of a Bureau of Prisons emergency surveillance order, which removes the requirement to obtain judicial permission before listening in on conversations between prisoners (both prior to trial and convicted) and their attorneys;
USAPA §218, which amends the Foreign Intelligence Surveillance Act (FISA) by eliminating the need for the FBI to show "probable cause" before conducting secret searches or surveillance;
USAPA §213, AKA "sneak and peak", which permits the government to search a person's home with no one present and delay notification that they have done so indefinitely;
In general, the USA Patriot Act and recent related Federal Executive Orders significantly expand the government's ability to access sensitive medical, mental health, financial and educational records about individuals, and lower the burden of proof required to conduct secret searches and telephone and internet surveillance; and also 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; and
BE IT FURTHER RESOLVED that the City of Point Arena calls upon private citizens and organizations, including residents, employers, educators, and business owners, to inform the City Clerk of Point Arena-to the extent legally possible-of any instance occurring in the City of Point Arena of information gathering or requested records under the provisions of the USA Patriot Act; and
BE IT FURTHER RESOLVED that the City of Point Arena supports local law enforcement agencies in their oath to uphold the United States Constitution and in protecting the freedoms of Point Arena residents; and
BE LASTLY RESOLVED that the City of Point Arena calls on our United States Representatives and Senators to monitor the implementation of the Act and Orders cited herein and actively work for the repeal of the Act and those Orders that violate fundamental rights and liberties as stated in the United States Constitution and its Amendments. A copy of this resolution shall be sent to Senators Dianne Feinstein, Barbara Boxer, and Congressperson Thompson along with a letter urging them to work to repeal all provisions of the USA Patriot Act that infringe on civil liberties. A copy of the letter and resolution shall also be sent to President Bush and Attorney General Ashcroft.
PASSED AND ADOPTED this 28th day of January 2003, by the following roll call vote:
AYES: Councilmembers Ferrari, Sinnott, Dahlhoff
NOES: None
ABSTAIN: Councilmember Gunning
ABSENT: Councilmember Gallagher
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Leslie Dahlhoff, MAYOR
ATTEST:
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Fred D. Patten, CITY CLERK
(SEAL)