A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE OPPOSING PARTS OF THE ""UNITING & STRENGTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM ACT"" (""USA PATRIOT ACT"") AND RELATED EXECUTIVE ORDERS
WHEREAS, the City of Watsonville houses a divers population, including citizens of other nations, whose contribution 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, the USA PATRIOT Act signed by George W. Bush on October 26, 2001, has a number of provisions that contradict the above mentioned rights; and
WHEREAS, Watsonville's representative in Congress Sam Farr voted against the USA PATRIOT Act because it puts civil liberties and human rights at risk; and
WHEREAS, examples of the provisions of the USA PATRIOT Act and the Executive Orders that may violate the Constitution and the rights and civil liberties of Watsonville residents are as follows:
- Significantly expands the governments ability to access sensitive medical, mental health, financial and education 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 organization, as ""terrorists 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.
- Limits disclosure of public documents and records under the Freedom of Information Act; and
WHEREAS, Department of Justice interpretation of this Act and these Executive Orders particularly target Muslims, people of Middle Eastern and South Asian descent and citizens of other nations, thereby encouraging racial profiling by law enforcement and hate crimes by individuals in our community; and
WHEREAS, thirty (30) years, ago, California voters overwhelmingly amended the Constitution of California to provide a right to privacy, specifically to prevent government snooping and data collection that is threatening to destroy our traditional freedoms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
That the Council of the City of Watsonville hereby affirms its strong opposition to terrorism, but also hereby reaffirms that any efforts to end terrorism not to be waged at the expense of the fundamental civil rights and liberties of the people of Watsonville, the United States and the World.
BE IT FURTHER RESOLVED that the Council hereby affirms 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.
BE IT FURTHER RESOLVED that the City of Watsonville calls upon its citizens, residents, and local peace officers to join in affirming the following principles: Every person has the right to freedom of speech and association. Every person has the right to freedom of religion. Every person has the right to assembly and privacy. Every person has the right to due process in judicial proceedings. Every person has the right to be free from unreasonable searches and seizure. Stops or arrests may not be made without establishing reasonable suspicion or probable cause that a crime has been committed or is about to be committed. Every person has the right to equal protection under the law and the right not to be deprived of life, liberty, or property without due process of law.
BE IT FURTHER RESOLVED that the City of Watsonville urges federal law enforcement officials working within the City to engage only in legally permissible law enforcement activities which do not violate the civil rights and civil liberties of the people of Watsonville. To this end, organizations should not be monitored based solely on their religious or political views and no information about political, religious or social views, associations, or activities should be collected unless the information relates to public safety concerns or reasonable suspicion of criminal activity.
BE IT FURTHER RESOLVED that the Council hereby calls on our United States Representative and Senators to monitor the implementation of the Act and Orders cited herein and actively work for the repeal of parts of the Act and those Orders that violate fundamental rights and liberties as stated in the U.S. Constitution and its Amendments.
BE IT FURTHRE RESOLVED that the Council hereby requests that the Mayor send copies of this resolution to the President of the United States, House Representative Sam Farr, and U.S. Senators Boxer and Feinstein.