Community Resolution for Elmira, NY

WHEREAS, the City of Elmira, New York affirms that the Constitution of the United States of America is the supreme law of the land, which all public servants are sworn to uphold; and

WHEREAS, in response to the tragedy of September 11th, 2001, the U.S. Congress passed into law the USA PATRIOT ACT under which the President has issued new executive orders, and the United States Attorney General has promulgated new federal regulations; and

WHEREAS, the City Council of the City of Elmira is deeply committed to the security of the United States and concerned about the impact of the USA PATRIOT ACT on the constitutional rights of U.S. citizens and residents; and

WHEREAS, the Bill of Rights of the U.S. Constitution guarantees that the U.S. Government may not deprive the people of freedom of speech, assembly and privacy; it provides for protection from unreasonable searches and seizures, due process in judicial proceedings, the right to counsel, protection from cruel and unusual punishment, and equality before the law; and

WHEREAS, provisions of the USA PATRIOT ACT and the executive orders and regulations issued thereunder have deprived citizens and people within the United States of the right to assemble freely, to worship as they believe and speak, to discuss and dissent in the public domain; to be free from intrusion into their “”houses, persons, papers and effects”” without probable cause; to speedy public trial, to access to legal counsel and respect for the attorney-client privilege; to be free from indefinite incarceration without meaningful access to counsel or the federal courts; and to equal treatment under the law without inequitable profiling and selective detention;

NOW, THEREFORE, be it

RESOLVED, that the City Council of the City of Elmira calls upon its police and law departments, and all involved law enforcement agencies to continue to actively uphold and defend citizens’ civil rights and liberties as specified in the U.S. Constitution, the Bill of Rights, and the Fourteenth Amendment to the Constitution; and be it further

RESOLVED, that the City Council of the City of Elmira requests that Senators, Honorable Charles F. Schumer and Honorable Hilary R. Clinton, and Congressman, Honorable John R. Kuhl, Jr., monitor the implementation of the USA PATRIOT ACT and the associated rules and orders of the Executive Branch and actively work for the repeal of those portions of the Act, and those of the recently passed Intelligence Bill of 2004 that violate the rights and liberties guaranteed in the U.S. Constitution; and be it further

RESOLVED, that the City Council of the City of Elmira urges all elected officials of the County of Chemung and each municipality within the County to adopt a resolution of this type promoting the enforcement of the USA PATRIOT ACT in a manner recognizing and protecting individual constitutional rights.