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HomeMy WebLinkAbout03-017RESOLUTION NO. 03-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AFFIRMING THE CITY'S COMMITMENT TO PROTECTING THE CIVIL RIGHTS AND LIBERTIES OF ALL RESIDENTS OF THE CITY OF PORT TOWNSEND WHEREAS, City of Port Townsend, Washington, has a long and distinguished history of protecting and expanding the civil rights and civil liberties of its residents and affirming the fundamental rights of all people; and WHEREAS, the residents of City of Port Townsend wish to honor the memory of all those who died as a result of the September 11, 2001, attacks; and WHEREAS, the City of Port Townsend has a diverse population, including students, working and retired citizens, and non-citizens, whose contributions to the community are vital to its character and function; and WHEREAS, the United States Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act); and WHEREAS, many provisions of the USA Patriot Act, the Homeland Security Act and other related Federal and Executive Orders and measures may limit the civil rights and liberties of the residents of City of Port Townsend, including those who are immigrants, by potentially: mo Do mo Fo Reducing judicial supervision of telephone and Intemet surveillance; Expanding the government's power to conduct secret searches without warrants; Granting power to the U.S. Secretary of State to designate domestic groups, including political and religious groups, as "terrorist organizations"; Granting power to the U.S. Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime; Granting the Federal Bureau of Investigation (FBI) access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime; Granting the FBI the power to compel libraries and bookstores to produce circulation or book purchase records of their patrons, and forbidding disclosure that such records have been requested and produced; and WHEREAS, a nation engaged in or preparing for foreign wars must do everything in its power to lessen fear at home and reinforce constitutional protections for those 1 Resolution 03-017 who in wartime may be victimized; and WHEREAS, the Bill of Rights of the United States Constitution and the Declaration of Rights of the Constitution of the State of Washington guarantee all people living in the City of Port Townsend freedom of speech, assembly and privacy; equality before the law and the presumption of innocence; access to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures; and WHEREAS, the preservation of civil rights and liberties is a pillar of American society and is essential to the well-being of our republic and its democratic processes, particularly during times of conflict when such rights and liberties, especially those of immigrants and ethnic minorities, may be threatened, intentionally or unintentionally, under false pretense of national security or patriotic zeal; and WHEREAS, the residents of the City of Port Townsend denounce terrorism, and acknowledge that federal, state, and local governments have a responsibility to protect the public from terrorist attacks, and should do so in a rational, deliberative and lawful fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing upon civil liberties; and WHEREAS, law enforcement and security measure that undermine fundamental rights do irreparable damage to U.S. institutions and values of equal justice and freedom that the residents of the City of Port Townsend hold dear; and WHEREAS, the Federal Administration is moving to pass a Second USA PATRIOT ACT also known as the Domestic Security Enhancement Act of 2003 that usurps more rights than the original USA PATRIOT ACT which would provide for the presumptive denationalization of American citizens who support the activities of any organization that the executive branch has deemed "terrorist;" and WHEREAS, the City of Port Townsend believes that there is not and need not be conflict between security and the preservation of liberty, and that residents of this City and this nation can be both safe and free; and WHEREAS, the City of Port Townsend has been and remains, committed to the protection of civil rights and liberties for all citizens of the City of Port Townsend; and WHEREAS, the City Council of the City of Port Townsend believes that a threat to any person's Constitutional rights is a threat to the rights of all; and WHEREAS, at least 127 cities and counties in more than 20 states, including major cities such as Seattle, Chicago, Philadelphia and Detroit have enacted resolutions reaffirming support for civil rights and liberties in response to the USA Patriot Act and subsequent government policies and laws that threaten these values, demanding accountability from law enforcement agencies regarding their use of these new powers. 2 Resolution 03-017 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend, Washington, that we: Will vigorously resist any unconstitutional acts against the City of Port Townsend's citizens, including invasion of privacy, expanded surveillance, and denial of due process that may come from the application of the Homeland Security Act, related Executive Orders and by administration of the USA Patriot Act. Affirm the rights of all people, including United State citizens and citizens of other nations, within the City in accordance with the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution. Affirm the City of Port Townsend's strong support for fundamental constitutional rights and its opposition to federal measure that infringe on civil liberties. Call upon all City officials and employees to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations. Call upon all private citizens, including residents, employers, educators, and business owners, to demonstrate similar respect for civil rights and civil liberties. Request that the City of Port Townsend Police Department continue to protect residents' freedom of speech, religion, assembly and privacy; rights to counsel and due process in judicial proceeding and protection from unreasonable searches and seizures. Support the City Library system in its efforts to protect the free speech rights of library patrons. Affirm its strong opposition to terrorism, but also affirms that any efforts to end terrorism should not be waged at the expense of essential civil rights and liberties of the people of the City of Port Townsend and the United States. Request that Federal and State law enforcement officials acting within the City not engage in or permit detentions without charges or permit racial profiling in law enforcement. Request that the U.S. Attorney's Office and the Office of the Federal Bureau of Investigation regularly and publicly disclose the extent to and manner in which they have acted under the USA Patriot Act, new Executive Orders, or COINTELPRO-type regulations, including public disclosure of the names of any detainees. Request that our United States Congressman and Senators monitor the implementation of the Act and Orders cited herein and actively work for the repeal of the parts of that Act 3 Resolution 03-017 and those Orders that violate fundamental rights and liberties as stated in the Constitutions of Washington States and the United States of America. Direct the City Manager to provide copies of this resolution to the City's U.S. Congressional representatives, the United State Attorney General, and the President of the United States. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this sixteenth day of June, 2003. ~~...~.~ Kees Kolff, May~xj (,_ Attest: Pamela Kolacy, CMC O City Clerk Approved as to forth: p . City Attorney 4 Resolution 03-017