| Alhambra, CA Proposed Resolution RESOLUTION TO PROTECT CONSTITUTIONAL RIGHTS THREATENED BY THE USA PATRIOT ACT WHEREAS, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) was passed by Congress without sufficient study or debate and gives the federal government unprecedented powers that threaten the civil rights of all Alhambra residents; and WHEREAS, several public service departments of the City of Alhambra, such as the Police Department and the Public Library are directly impacted by the USA PATRIOT Act; and WHEREAS, the City of Alhambra is home to an ethnically diverse population, including citizens of other nations, whose contributions to the community are vital to its character, functions, and prosperity; and WHEREAS, the City of Alhambra reaffirms its strong support for the rights of all its residents and opposes measures that single out individuals for legal scrutiny based on their country of origin, religion, or immigration status; and WHEREAS, the First Amendment of the United States Constitution specifies that no law be made �respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances�; and WHEREAS, the Fourth Amendment declares that �the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized�; and WHEREAS, the Fourteenth Amendment prohibits the government from denying any person equal protection by stating that no state shall �deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,� and pursuant to that clause, human rights and due process must be afforded to all people in the United States regardless of citizenship or immigration status; WHEREAS, examples of provisions in the USA PATRIOT Act and Executive Orders that may violate the Constitution and the rights and civil liberties of Alhambra residents are as follows: -Expands the government�s ability to access sensitive medical, mental health, financial and educational records about individuals -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 of information requests -Gives the Attorney General and the Secretary of State the powers to designate domestic groups, including religious and political organizations, as �terrorist organizations� -Creates a climate that promotes and condones racial profiling -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 -Significantly expands physical searches, wiretaps and subpoenas of business records as authorized in proceedings before -Foreign Intelligence Surveillance Act (FISA) court -Authorizes eavesdropping on confidential communications between lawyers and their clients in federal custody -Limits disclosure of public documents and records under the Freedom of Informational Act; and WHEREAS, as of mid-January 2004, 236 communities in the United States, including, Sacramento, Santa Barbara, Los Angeles, and South Pasadena, the American Library Association, and the California Library Association have passed similar resolutions; now therefore be it RESOLVED that the City of Alhambra affirms its strong opposition to terrorism, and also affirms that any efforts to end terrorism not be waged at the expense of the fundamental civil rights and liberties of the people of Alhambra; and be it RESOLVED that 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 based on probable cause; and be it RESOLVED that the City of Alhambra urge federal law enforcement officials working within the City to engage only in legally permissible law enforcement activities, which no not violate the civil rights and civil liberties of the people of Alhambra; and be it RESOLVED that, to the extent legally possible, no City employee or department shall officially assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individual�s civil rights or civil liberties as specified in the above Amendments of the United States Constitution; and be it FURTHER RESOLVED that the City of Alhambra forward a signed copy of this resolution to our United States Representatives and Senators to 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. This resolution shall take effect immediately upon its adoption. |