Resolution in Support of
our Constitutional Rights
and Opposing the USA Patriot Act
and its Assault on our Civil Liberties

adopted by the City of Fairfax, California
January 7, 2003

WHEREAS, the Town of Fairfax is concerned with the security of the nation and the protection of our civil and political rights and liberties.

WHEREAS, the Town of Fairfax is governed by the Constitution of the State of California and the Constitution of the United States and affirms the U.S. Constitution and its Bill of Rights as the foundation of our democracy.

WHEREAS, every member of the Town Council of Fairfax took an oath to defend the Constitution of the United States against all enemies foreign and domestic.

WHEREAS, there is a growing movement across the country to oppose the USA Patriot Act and any federal legislation and executive orders which violate the rights and liberties enumerated in the Constitution of the United States; and 19 cities, including Berkeley, Oakland, Santa Cruz and Sebastopol in the San Francisco Bay Area, have already passed resolutions instructing local officials and law enforcement agencies not to comply with any federal measures which violate our constitutionally protected rights and liberties.

WHEREAS, the Declaration of Independence of the United States holds as self-evident that all people are created equal and endowed with certain inalienable rights, among which are life, liberty and the pursuit of happiness.

WHEREAS, the residents of the Town of Fairfax recognize that the diversity of our population adds to the vitality, strength and character of our community.

WHEREAS, the First Amendment of the United States Constitution states: "Congress shall make no law 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."

WHEREAS, the Fourth Amendment of the United States Constitution states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, 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."

WHEREAS, the Fifth Amendment of the United States Constitution states that "no person...shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."

WHEREAS, the Sixth Amendment of the United States Constitution guarantees defendants "the right to a speedy and public trial by an impartial jury," the right "to be informed of the nature and cause of the accusation," the right "to be confronted with the witnesses against him," and the right "to have the assistance of counsel for his defense."

WHEREAS, the Eighth Amendment of the United States Constitution states: "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

WHEREAS, THE Fourteenth Amendment of the United States Constitution states: "...nor shall any State 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."

WHEREAS, the Declaration of Rights in the California Constitution guarantees the same fundamental rights enumerated in the United States Constitution.

WHEREAS, according to Article VI of the United States Constitution, all treaties entered into by the United States are "the supreme law of the land."

WHEREAS, Article 9 of the International Covenant on Civil and Political Rights, ratified by the United States Senate in 1992, states:

* "No one shall be subjected to arbitrary arrest or detention."

* "Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him."

* "Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or release."

* "Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful."

WHEREAS, Article 9 of the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations in 1948, states: "No one shall be subjected to arbitrary arrest, detention or exile."

WHEREAS, Article 10 of the Universal Declaration of Human Rights states: "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."

WHEREAS, Article 11.1 of the Universal Declaration of Human Rights states: "Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense." .

WHEREAS, we believe that all the rights and liberties cited above, which are the foundation of our democracy, are directly threatened by the USA Patriot Act, which:

* Chills our First Amendment rights of freedom of speech, political association and political protest by overly broad definitions of terrorism contained in Section 802 of the Act.

*Greatly expands the ability of federal agents to conduct secret searches ("sneak and peak searches") of our homes and places of employment as authorized in Section 213.

* Grants the executive branch unprecedented and largely unchecked surveillance powers: including enhanced ability to track Email and Internet usage; obtain sensitive medical, mental health, financial and educational records; and monitor telephone calls, library usage and books purchased--all without evidence of a crime and without a court order. (Sections 215, 216, 507).

* Strips immigrants of Constitutional protections which has led to the mass roundups of thousands of Arabs, Muslims and South Asians, many of whom have been detained without charges for lengthy periods of time without legal representation.

* Confers vast and unchecked powers to the executive branch which threatens the balance of powers enshrined in the United States Constitution among the executive, judicial and legislative branches.

WHEREAS, we further believe that all the rights and liberties cited above are endangered by Federal Executive Orders, which:

* Establish secret military tribunals for suspects.

* Permit wiretapping of conversations between federal prisoners and their lawyers.

* Lift Justice Department regulations against illegal COINTELPRO-type operations by the FBI (covert activities which in the past targeted domestic groups and individuals engaged in lawful political activities).

* Limit the disclosure of public documents and records under the Freedom of Information Act.

WHEREAS, we believe all the rights and liberties cited above are also endangered by the Homeland Security Act which violates fundamental principles of open and accountable governance by:

* Exemption from the disclosure requirements of the Freedom of Information Act, thereby drastically limiting the agency's responsibility to answer public questions and concerns.

* Empowering the Secretary of the new agency to waive the safeguards contained in the Federal Whistleblower Protection Act.

THEREFORE BE IT RESOLVED THAT: (1) The Town of Fairfax shall communicate in writing to President George Walker Bush, Senators Diane Feinstein and Barbara Boxer, and Representative Lynn Woolsey its desire that they work to repeal the USA Patriot Act and any and all provisions of federal legislation and executive orders that violate the fundamental rights and liberties embodied in the United States Constitution, the California Constitution, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights.

(2) All Town of Fairfax officials and the Town of Fairfax police / sheriff, to the extent legally possible, shall refrain from enforcement of the provisions of the acts and executive orders cited above which are in violation of our constitutional rights or international law.

(3) The Town of Fairfax officials and the Town of Fairfax police, to the extent legally possible, shall preserve Town of Fairfax residents' rights of freedom of speech, religion, assembly, privacy and lawful political protest; shall preserve their rights to counsel and due process in judicial proceedings and their right to protection from unreasonable searches and seizures; and shall refrain from racial profiling and detentions without charges in the fulfillment of their law enforcement responsibilities.

(4) The Town of Fairfax clerk shall send copies of this resolution to the President of the United States, our two senators and our representative in the United States Congress, the Attorney General of the United States, the local U.S. Attorney's office and the Attorney General of California.

David Glick - author

Civil Liberties watch

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