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Alexandria, VA Resolution
WHEREAS, the Alexandria City Council is committed to upholding the United States Constitution and its Bill of Rights;
WHEREAS, the City of Alexandria has a long history of working to obtain and preserve the civil rights and liberties of its residents;
WHEREAS, the City has a diverse and multi-ethnic population and everyday embraces the richness of community that includes immigrants, whose contributions to the City are vital to its economy, culture and civic character;
WHEREAS, the City has among its residents many who were affected directly, and many more who were affected indirectly, by the tragic events of September 11, 2001, both in New York City and at the Pentagon only a short distance from this Chamber as well as in Somerset County, Pennsylvania;
WHEREAS, this nation’s need to respond to those terrible events, and to protect itself from future acts of terrorism, does not diminish the commitment of the City or its residents, regardless of their personal circumstances, to the Constitutional rights and liberties that are the precious entitlement of all;
WHEREAS, the Alexandria City Council believes there is no inherent conflict between national security and the preservation of liberty – that Americans can be both safe and free;
WHEREAS, the Alexandria City Council is proud of the cooperative work among federal, state and local law enforcement officials to protect the safety of Alexandrians;
WHEREAS, the federal, state and local government actions designed to protect the public from terrorist attacks, such as those that occurred on September 11, 2001, must be taken in a rational and deliberative fashion to ensure that any new security measure intended to enhance public safety does not impair constitutional rights or infringe on civil liberties;
WHEREAS, federal laws, regulations, policies, and practices adopted since September 11, 2001, including provisions of Public Law 107-56 (the “USA PATRIOT” Act), and related Executive Orders, regulations and actions:
(a) authorize the indefinite incarceration of non-citizens to solitary confinement, based upon mere suspicion, without being charged with any crime, without counsel, and without a right to be heard;
(b) authorize the indefinite incarceration of citizens by the President based upon unspecified standards as “enemy combatants” to solitary confinement, without being charged with a crime, without counsel, and without a right to be heard;
(c) authorizes the indefinite detention of citizens and non-citizens in solitary confinement as “material witnesses,” without counsel, and without a right to be heard;
(d) limit the traditional authority of the federal courts to curb law enforcement abuses including electronic surveillance;
(e) limit the judicial oversight of federal “sneak and peek” searches and eliminate timely notice to the person who is subject of the search that his or her property has been searched;
(f) grant broad governmental access to personal medical, financial, library, and educational records without judicial oversight;
(g) inhibit free speech and free association by defining any person or group as a terrorist, or an act as terrorism, without articulating the basis for the characterization or giving the person or group so characterized a right to be heard;
(h) encourage local and state law enforcement personnel to enforce federal immigration laws, and to use those laws as a pretext for detention of, and denial of due process to, persons who are not reasonably suspected of criminal behavior;
(i) permit government surveillance of public meetings, including religious services, Internet chat rooms, holiday gatherings, and political rallies without judicial oversight;
WHEREAS, draft federal legislation, known as the Domestic Security Enhancement Act (“DSEA” or “Patriot II”), contains many new and sweeping provisions that further expand government surveillance authority, increase government secrecy, reduce governmental accountability, erode the separation of powers essential for Constitutional checks and balances, and diminish the right of all persons to the due process of law guaranteed by the Constitution;
THEREFORE, BE IT RESOLVED, that the Alexandria City Council:
1. AFFIRMS its strong support for fundamental constitutional rights and its opposition to federal measures that infringe on civil liberties;
2. AFFIRMS its strong support for the rights of immigrants and opposes measures that single out individuals for legal scrutiny or enforcement activity based solely on their country of origin;
3. DIRECTS the Police Department of the City of Alexandria to ensure that it protects the constitutional rights of Alexandria residents, that it maintains a relationship of trust with those it is sworn to serve and protect, and that it continues to abide by the Alexandria Police Department directives that prohibit racial profiling or collecting information not reasonably related to suspicion of criminal behavior;
4. DIRECTS public libraries in the City to promote unfettered access to information, which is the collective heritage of humanity and which is a fundamental human right, and to protect freedom of inquiry, universally recognized as a driving force for the progression of civilization itself, by:
a. posting this notice to library users “WARNING: Under Section 215 of the federal “USA PATRIOT” Act (Public Law 107-56), records of the books and other materials you borrow may be obtained by federal agents. That federal law prohibits librarians from informing you if records about you have been requested or obtained by federal agents. Questions about this policy should be directed to: Attorney General John Ashcroft, US Department of Justice, Washington DC 20530;”
b. ensuring there is regular destruction of records that identify a book borrower after a book is returned, or that identify the name of an Internet user after use;
5. RECOMMENDS that local businesses and institutions in the City, and in particular booksellers, notify consumers that purchase records are subject to disclosure to federal law enforcement agencies;
6. DIRECTS the City Manager to ensure that, to the extent legally possible, no City resources – including law enforcement funds and educational administrative resources – may be used for unconstitutional activities, including but not limited to monitoring the exercise by political or religious groups of their First Amendment rights of expression, association, assembly, or petition or obtaining library, bookstore ore website activity records without proper authorization without notice to the subjects of the records;
7. DIRECTS the Clerk of the Council to:
a. Send a copy of this Resolution to Governor Warner with a letter urging him to ensure that state anti-terrorism laws and policies be implemented in a manner that does not infringe on personal rights, liberties and due process; and
b. Send a copy of this Resolution to Senators Warner and Allen, and Congressman Moran, accompanied by a letter asking that the resolution be read into the record, on the floor, and urging Congress to assess the impact of the “USA PATRIOT” Act and federal anti-terrorism efforts; to work to repeal provisions of the “USA PATRIOT” Act and other laws, regulations, policies and practices that infringe on personal rights, liberties and due process; and to ensure that no provision of the “USA PATRIOT” Act originally intended to expire remains in effect past its sunset date.
AND BE IT FURTHER RESOLVED, that the provisions of this Resolution shall be severable, and if any phrase, clause, sentence, or provision of this Resolution is declared by a court of competent jurisdiction to be contrary to the Constitutions of the United States or of the Commonwealth of Virginia, the validity of the remainder of this Resolution shall not be affected thereby.
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A RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To declare the sense of the Council regarding certain provisions of the USA Patriot Act of 2001 an to urge Congress to enact legislation to modify the act and certain other enactments that may undermine fundamental civil rights guaranteed by the Constitution of the United States.
RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this resolution my be cited as the “Sense of the Council in Support of Protection of Civil Liberties Resolution of 2004.”
Sec. 2 The Council finds that:
(1) The diversity of the population of the District of Columbia is vital to our community’s character.
(2) The District of Columbia has a tradition of protecting and expanding human rights and civil liberties protection for all its residents, including non-citizens and immigrants, and it takes pride in being among the first jurisdiction to provide broad anti-discrimination protection through its enactment of the District of Columbia Human Rights Act of 1977, effective December 13, 1977 (D.C. law 2-38; D.C. Official Code §2-1401.01 et seq.).
(3) The United States Constitution guarantees certain fundamental rights including freedom of religion, speech, assembly, and privacy, protection from unreasonable search and seizure, due process and equal protection, equality before the law, the presumption of innocence, access to council in judicial proceedings, and the right to a fair, speedy, public trial. All levels of government have a responsibility to protect these constitutional rights as well as protect the public from terrorism.
(4) There is no inherent conflict between preservation of liberty and the need to protect the public. All security measures taken to enhance can, and must, do so without impairing constitutional rights or infringing on civil liberties.
Sec. 3. It is the sense of the Council that:
(1) The USA Patriot Act of 2001, approved October 26, 2001 (Pub. Law No. 107-56; 115 Stat. 272) (“USA Patriot Act”), along with certain other measures implemented by the executive branch of the federal government after September 11, 2001, was enacted in reaction to the tragedy of September 11, 2001, without adequate consideration of provisions that undermine civil liberties.
(2) It is necessary that the District expresses its strong support for fundamental constitutional rights and its opposition to federal measures that unnecessarily infringe upon civil liberties, its support for the rights of immigrants and its opposition to measures that single out individuals for scrutiny or enforcement activity based on their country of origin or religion.
(3) Members of congress should support and enact legislation to modify the provisions of the USA Patriot Act and other enactments, such as executive orders and federal regulations, that threaten to undermine the fundamental rights guaranteed by the Constitution.
(4) The White House should establish a bipartisan panel to review how constitutional guarantees would by affected by all new laws and regulations aimed at enhancing national security as recommended by the Gilmore Commission.
(5) Except as requested by Section 215 of the USA Patriot Act, by lawful directive by the federal government, by order of a court, or by the laws and regulation of the District of Columbia, no agency or employee of the government of the District of Columbia shall divulge information or records, including educational, medical, financial, or library records, pertaining to an individual.
(6) Public libraries shall post in a prominent place within the library a notice that reads as follows: WARNING: Under Section 215 of the USA Patriot Act; (Public Law 107-56), records of books and other materials you borrow from this library may be obtained by federal agents. The Patriot Act prohibits librarians from informing you if federal agents have obtained records about you.; and
(7) Public schools and public institutions of higher learning shall provide notice to individuals whose educational records have been obtained by law enforcement officers pursuant to section 507 of the USA Patriot Act.
(8) The Metropolitan Police Department shall refrain from:
a. Utilizing racial, religious, ethnic, or national profiling as a factor in selecting which individuals to subject to investigatory activities, except when seeking to apprehend a specific suspect whose race, religion, ethnicity, or national origin is part of the description of the subject;
b. Engaging in the surveillance of individuals or groups based on participation in activities protected by the first amendment of the Constitution of the United States, such as political advocacy or the practice of religion, without particularized suspicion of criminal activity;
c. Collecting or maintaining information about the political, religious, or social views, associations or activities of any individual, group, association, organization, corporation, business or partnership, that could not reasonably connected to a security threat; and
d. Stopping drivers or pedestrians for the purpose of scrutinizing their identification documents without a particularized security threat.
Sec. 4. The Secretary Council shall transmit a copy of this resolution to the President of the United States, the President Pro-Tempore of the United States Senate, the Speaker of the United States House of Representatives, the United States Attorney General, and the Congresswoman for the District of Columbia.
Sec. 5. This resolution shall take effect immediately upon the first date of publication in the District of Columbia Register.
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Resolution No: 107-56
Introduced: September 23, 2003
Adopted:
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Floreen, Leventhal, Perez and Silverman
Subject: Montgomery County Council Support for Protection of Civil Liberties
Background
1. WHEREAS, we, the residents of Montgomery County, Maryland recognize that the diversity of our population is vital to our community's character, and that we have a tradition of protecting and expanding human rights and civil liberties protections for all of our residents; and
2. WHEREAS, the United States Constitution guarantees certain 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 the right to a fair, speedy and public trial; and
3. WHEREAS, human rights protections in Montgomery County have been strengthened and expanded by the passage in August 2001 of additions to the Montgomery County Code establishing the Commission on Human Rights and the Office of Human Rights; and
4. WHEREAS, Montgomery County affirms that efforts to end terrorism and ensure security can and should be undertaken while preserving the civil rights and liberties of the residents of Montgomery County; and
5. WHEREAS, the USA Patriot Act (Public Law 107-56) was enacted shortly after the tragedy of September 11, 2001; and
6. WHEREAS, during and subsequent to its enactment, many concerns have been raised regarding its effect upon civil rights and liberties; and
7. WHEREAS, among the provisions causing concern are Section 213, which permits the searching of one’s home without the traditional “knock and announce” requirement, allows notification of the search to be delayed indefinitely, and is not limited to crimes of terrorism; and Section 215, which authorizes searches of all kinds of records such as library, business, bookstore, medical, university, and Internet Service Provider; and without a showing of probable cause that a crime has been committed. This Section also prohibits any person from disclosing the fact that they have been ordered to produce such records; and Section 802, which creates a new crime of “domestic terrorism,” defined so broadly that it could be applied to acts of civil disobedience wholly unrelated to terrorism such as could be committed by political, social, religious or other organizations; and
8. WHEREAS, Montgomery County has developed an outstanding, well-planned Community Policing program which is making great progress in engaging neighborhoods and new residents to trust and work with local police officers thereby creating relationships of growing mutual respect and confidence; and
9. WHEREAS, in addition to the passage of the Patriot Act, the federal government has taken a number of other steps in the aftermath of September 11 that threaten to undermine the fundamental rights and liberties guaranteed by the Constitutions of the State of Maryland and the United States, as well as Community Policing and other law enforcement strategies designed to build trust between the police and communities, such as encouraging local law enforcement to enforce provisions of federal immigration law that historically have been an exclusive province of the federal government, authorizing the FBI to conduct surveillance of religious services, Internet chatrooms, political demonstrations, and public meetings without evidence that a crime has been or may be committed, and providing for the indefinite incarceration of those designated as “enemy combatants,” without meaningful access to legal counsel and the federal courts; and
10. WHEREAS, these steps have raised particular anxiety in immigrant communities, especially among our neighbors of the Muslim faith;
Action
The County Council for Montgomery County, Maryland approves the following resolution:
The County Council confirms the need to provide homeland security and end terrorism in the United States and abroad.
The County Council urges our United States Senators and members of Congress to review the USA Patriot Act (Public Law 107-56) and support legislation to modify those provisions of the statute (such as those noted above) that undermine the fundamental rights and liberties guaranteed by the Constitutions of the State of Maryland and the United States, and to take similar action with respect to related executive orders, regulations and actions of the federal government. In particular, we urge that libraries and bookstores be exempted from the provisions of the Act and that the integrity of Community Policing programs be protected.
The County Council calls upon all County departments, agencies, officials and employees to continue to respect all residents' freedoms of speech, religion, and assembly, and right to privacy, in keeping with our County's distinguished practice of protecting human rights.
It is the policy of the County Council that, other than for employment purposes, County law enforcement officials will not, in the course of normal business operations, request the immigration status of any individual with whom they come into contact.
The Council will convey this resolution to all County departments and our Congressional and State delegations.
This is a correct copy of Council action.
_________________________________
Mary A. Edgar, CMC
Clerk of the Council
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Pittsburgh, PA Resolution
WHEREAS federal, state and local governments should protect the public from terrorist attacks such as those that occurred on September 11,2001, but should do so in a rational and deliberative fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing on civil liberties;
WHEREAS government security measures that undermine fundamental rights do damage to the American institutions and values that the residents of the City of Pittsburgh hold dear;
WHEREAS the Council of the City of Pittsburgh believes that there is no inherent conflict between national security and the preservation of liberty -- Americans can be both safe and free’
WHEREAS federal policies adopted since September 11, 2001, including provisions in the USA PATRIOT Act (Public Law 107-56). The Homeland Security Act of 2002, and related executive orders, regulations, and actions threaten fundamental rights and liberties by:
(a) Authorizing the indefinite incarceration of non-citizens based on mere suspicion, and the indefinite -incarceration of citizens designated by the President as “enemy combatants” without access to counsel or meaningful recourse to the federal courts;
(b) Limiting the traditional authority of federal courts to curb law enforcement abuse of electronic surveillance in anti-terrorism investigations and ordinary criminal investigations;
(c) Expanding the authority of federal agents to conduct so-called “sneak and peek” or “black bag” searches, in which the subject of the search warrant is unaware that his property has been searched; (d) Granting law enforcement and intelligence agencies broad access to personal, medical, financial, library and education records with little if any judicial oversight;
(e) Chilling constitutionally protected speech through overbroad definitions of "terrorism" (f) Driving a wedge between immigrant communities and the police that protect them by encouraging involvement of state and local police in enforcement of federal immigration law’
(g) Permitting the FBI to conduct surveillance of religious services, internet chatrooms, political demonstrations, and other public meetings of any kind without having any evidence that a crime has been or may be committed;
WHEREAS the City of Pittsburgh is proud of its long and distinguished tradition of protecting the civil rights and liberties of its residents,
WHEREAS the City of Pittsburgh has a diverse population, including immigrants and students, whose contributions to the community are vital to its economy, culture and civic character;
WHEREAS the preservation of civil rights and liberties is essential to the well-being of a democratic society;
WHEREAS new legislation has been drafted by the Administration entitled the Domestic Security Enhancement Act (DSEA) (also known as PATRIOT 11) which contains a multitude of new and sweeping law enforcement and intelligence gathering powers, many of which are not related to terrorism, that would severely dilute many basic constitutional rights, as well as disturb our unique system of checks and balances by:
(a) Diminishing personal privacy by removing important checks on government surveillance authority;
(b) Reducing the accountability of government to the public by increasing government secrecy;
(c) Expanding the definition of “terrorism” in a manner that threatens the constitutionally protected
rights of Amencans; and
(d) Eroding the right of all persons to due process of law
WHEREAS these new powers pose a particular threat to the civil rights and liberties of the residents of our city who are Arab, Muslim or of South Asian descent; and
WHEREAS many other communities throughout the country haves enacted resolutions reaffirming support for civil rights and civil liberties in the face of government policies that threaten these values, and demanding accountability from law enforcement agencies regarding their use of these new powers;
THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF PITTSBURGH:
1. AFFIRMS its strong support for fundamental constitutional rights and its opposition to federal measures that infringe on civil liberties.
2. AFFTRMS its strong support for the rights of immigrants and opposes measures that single out individuals for legal scrutiny or enforcement activity’ based on their country of origin.
3. REQUESTS the Mayor to direct the Police Department of the City of Pittsburgh to:
(a). Refrain from participating in the enforcement of federal immigration laws which are solely the responsibility of the federal government;
(b). Seek adequate written assurances from federal authorities that residents of the City of Pittsburgh and individuals in the custody of the City of Pittsburgh who are placed in federal custody will not be subjected to military detention, secret detention, secret immigration proceedings, or detention without access to counsel, and refrain from assisting federal authorities to obtain custody of such individuals absent such assurances;
(c). Refrain from engaging in the surveillance of individuals or groups of individuals based on their participation in activities protected by the First Amendment, such as political advocacy or the practice of a religion, without particularized suspicion of criminal activity unrelated to the activity protected by the First Amendment;
(d). Refrain from racial profiling. The police department shall not utilize race, religion, ethnicity, or national origin as a factor in selecting which individuals to subject to investigatory activities except when seeking to apprehend a specific suspect whose race, religion, ethnicity or national origin is part of the description of the suspect;
(e). Refrain, whether acting alone or with federal or state law enforcement officers, from collecting or maintaining information about the political, religious or social views, associations or activities of any individual, group, association, organization, corporation. business or partnership unless such information directly relates to an irivestigati on of criminal activities, and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct;
(f). Refrain from: engaging in video surveillance unless the police have reasonable suspicion that the subjects of the video surveillance have or are about to commit a crime. establishing a additional general surveillance networks, deploying facial recognition technology or other unreliable biometric identification technology within the City of Pittsburgh;
(g). Provide advance or simultaneous notice of the execution of a search warrant to any resident of the City of Pittsburgh whose property is the subject of such a warrant except in those cases where it has been determined by a judge that delayed notification will preserve life or physical safety, prevent flight from prosecution or prevent the destruction of evidence, and refrain from participating in a joint search with any law enforcement agency absent assurances that such notice, absent the specific exceptions, will be provided to such individuals during the search;
(h). Refrain from undertaking or participating in any initiative that encourages members of the general public to spy on their neighbors, colleagues or customers;
(i). Refrain from the practice of stopping drivers or pedestrians for the purpose of scrutinizing their identification documents without particularized suspicion of criminal activity;
(I). Report to the City Council any request by federal authorities that, i’~ granted, would cause agencies of the City of Pittsburgh to exercise powers or cooperate in the exercise of powers in apparent violation of any city ordinance or the laws or Constitution of this State or the United States;
(k). Nothing is this resolution shall be construed as a directive or enticement to law enforcement officials to engage in any illegal activities.
4. RECOMMENDS that all schools and institutions of higher learning within the City of Pittsburgh provide notice to individuals whose education records have been obtained by law enforcement agents pursuant to section 507 of the USA PATRIOT Act;
5. RECOMMENDS that all libraries within the City of Pittsburgh post in a prominent place within the library a notice to library users as follows: ~cWARNJiNG: Section 215 of the federal USA PATRIOT Act (Public Law 107-56) greatly expands the authority of federal agents to obtain records of books and other materials you borrow from this library. This law prohibits librarians from informing you, should records about you be obtained by’ federal agents. Questions about this policy should be directed to:
Attorney General John Ashcroft, Department of Justice, W’ashington, DC 20530 “;
6. RECOMMENDS that all libraries within the City of Pittsburgh have a public that ensures the regular destruction of records that identify the name of the book borrower after the book is returned, or that identify the name of the computer user after completion of Internet or other use;
7. RECCOMENDS that all persons in local businesses and institutions, and particularly booksellers, be advised to refrain when possible from keeping records that identify the name of the purchaser, and to regularly destroy’ such records that are maintained, in order to protect intellectual privacy rights;
8. REQUESTS the Mayor to seek periodically from the Department of Justice and the Department of Homeland Security the following information in a form and format to be determined that facilitates an assessment of the effect of federal anti-terrorism efforts on the residents of the City of Pittsburgh:
(a). The names of all residents of the City of Pittsburgh who have been arrested or otherwise detained by federal authorities as a result of terrorism investigations since September 11, 2001 the location of each detainee; the circumstances that led to each detention; the charges, if any, lodged against each detainee; the name of counsel, if any, representing each detainee;
(b). The total number of search wan-ants that have been executed in the City of Pittsburgh without notice to the subject of the wan-ant pursuant to section 213 of the USA PATRIOT Act~
(c). The total number of new or additional electronic surveillance networks installed within the City of Pittsburgh under powers granted in the USA PATRIOT Act;
(d). The names and total number of groups. political, religious, or other, whose activities are protected by the First Amendment, which are being monitored by federal authorities within the City of Pittsburgh;
(e). The total number of times education records have been obtained from public schools and institutions of higher learning in the City of Pittsburgh under section 507 of the USA PATRIOT Act;
(0. The total number of times library records have been obtained from libraries in the City of
Pittsburgh under section 215 of the USA PATRIOT Act;
(g). The total number of times that records of the books purchased by store patrons have been obtained
from bookstores in the City of Pittsburgh under section 215 of the USA PATRIOT Act;
9. REQUESTS the Mayor to transmit to the City Council no less than once every six months a summary of the information obtained pursuant to the preceding paragraph and, based on such information and any other relevant information, an assessment of the effect of federal anti-terrorism efforts on the residents of the City of Pittsburgh;
10. REQUESTS the City Clerk to transmit a copy of this resolution to Senator Arlen Specter, Senator Rick Santorum and Congressional Representative Mike Doyle, Melissa Hart, and Tim Murphy, accompanied by a letter urging them to;
(a) Support Congressional efforts to assess the impacts of the PATRIOT Act;
(b) Monitor federal anti-terrorism tactics and work to repeal provisions of the USA PATRIOT ACT and other laws and regulations that infringe on civil rights and liberties;
(c) Ensure that provisions of the USA PATRIOT Act “sunset” in accordance with the provisions of the Act; and
(d) Take a lead in Congressional action to prohibit passage of the Domestic Security Enhancement Act, known as “Patriot II’.
11. REQUESTS the City Clerk to transmit a copy of this resolution to Governor Ed Rendell, and appropriate members of the State Legislature, accompanied by a letter urging them to ensure that state anti-terrorism laws and policies be implemented in a manner that do not infringe on civil liberties as described in this resolution.
12. REQUESTS the City Clerk to transmit a copy of this resolution to President Bush and Attorney General John Ashcroft.
BE IT FURTHER RESOLVED that the provisions of this Resolution shall be severable, and if any phrase, clause sentence, or provision of this Resolution is declared by a court of competent jurisdiction to be contrary’ to the Constitution of the United States or of the Commonwealth of Pennsylvania or the applicability thereof to any agency, person, or circumstances is held invalid, the validity of the remainder of this Resolution and the applicability thereof to any other agency, person or circumstances shall not be affected thereby.
SPONSORED BY COUNCILWOMAN TWANDA CARLISLE, COUNCILMAN WILLIAM PEDUTO, COUNCILMAN DOUG SHIELDS AND COUNCILMAN SALA UDIN
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Alaska State Legislature Resolution
Passed Unanimously in the Senate on May 20, 2003
Passed in the House 37-1 on May 21, 2003
A RESOLUTION
Relating to the USA PATRIOT Act, the Bill of Rights, the Constitution of the State of Alaska, and the civil liberties, peace, and security of the citizens of our country.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the State of Alaska recognizes the Constitution of the United States as our charter of liberty, and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of religion, speech, assembly, and privacy; and
WHEREAS each of Alaska's duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Alaska; and
WHEREAS the State of Alaska denounces and condemns all acts of terrorism, wherever occurring; and
WHEREAS attacks against Americans such as those that occurred on September 11, 2001, have necessitated the crafting of effective laws to protect the public from terrorist attacks; and
WHEREAS any new security measures of federal, state, and local governments should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of innocent citizens of the State of Alaska and the nation; and
WHEREAS certain provisions of the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001", also known as the USA PATRIOT Act, allow the federal government more liberally to detain and investigate citizens and engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our state and federal constitutions;
BE IT RESOLVED that the Alaska State Legislature supports the government of the United States of America in its campaign against terrorism, and affirms its commitment that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country contained in the United States Constitution and the Bill of Rights; and be it
FURTHER RESOLVED that it is the policy of the State of Alaska to oppose any portion of the USA PATRIOT Act that would violate the rights and liberties guaranteed equally under the state and federal constitutions; and be it
FURTHER RESOLVED that, in accordance with Alaska state policy, an agency or instrumentality of the State of Alaska, in the absence of reasonable suspicion of criminal activity under Alaska State law, may not
(1) initiate, participate in, or assist or cooperate with an inquiry, investigation, surveillance, or detention;
(2) record, file, or share intelligence information concerning a person or organization, including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, and other personal data, even if authorized under the USA PATRIOT Act;
(3) retain such intelligence information; the state Attorney General shall review the intelligence information currently held by the state for its legality and appropriateness under the United States and Alaska Constitutions and permanently dispose of it if there is no reasonable suspicion of criminal activity; and be it
FURTHER RESOLVED that an agency or instrumentality of the state may not,
(1) use state resources or institutions for the enforcement of federal
immigration matters, which are the responsibility of the federal government;
(2) collect or maintain information about the political, religious, or social views, associations, or activities of any individual, group, association, organization, corporation, business, or partnership, unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct;
(3) engage in racial profiling; law enforcement agencies may not use race, religion, ethnicity, or national origin as factors in selecting individuals to subject to investigatory activities except when seeking to apprehend a specific suspect whose race, religion, ethnicity, or national origin is part of the description of the suspect; and be it;
FURTHER RESOLVED that the Alaska State Legislature implores the United States Congress to correct provisions in the USA PATRIOT Act and other measures that infringe on civil liberties, and opposes any pending and future federal legislation to the extent that it infringes on Americans' civil rights and liberties.
COPIES of this resolution shall be sent to the Honorable George W. Bush, President of the United States; the Honorable John Ashcroft, Attorney General of the United States; the Honorable Frank Murkowski, Governor of Alaska; and to the Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
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