Community Resolution for Eau Claire, WI

Resolution of the City of Eau Claire, Wisconsin

Whereas, the City of Eau Claire and its citizens being governed by the United States Constitution and the Constitution of the State of Wisconsin; and

Whereas, the City of Eau Claire acknowledges that both the United States and Wisconsin Constitutions guarantee her citizens freedom of speech, freedom to peaceably assemble, freedom from unreasonable searches and seizures, freedom of religion, freedom to petition the government for grievances and protection of the rights of the accused; and

Whereas, the City of Eau Claire is home to a diverse population, including citizens of other nations, whose contributions to the community are vital to its charter and function; and

Whereas, the City Council of the City of Eau Claire, while a strong opponent of terrorism and a strong proponent for the safety and security of its citizens, believes that efforts to maintain and enhance public safety and security should not infringe on the essential civil rights and liberties of the people of Eau Claire; and

Whereas, the City of Eau Claire recognizes and honors all those who have served in the Armed Forces of the United States of America, and has with gratitude for their supreme sacrifice memorialized those in the Armed Forces who have died in battle to secure and protect these same cherished rights and liberties; and

Whereas, sections of the USA PATRIOT Act now threaten these fundamental rights and liberties; and

Whereas, many citizens of Eau Claire, surrounding communities, and other communities across the nation are concerned that the USA PATRIOT Act threatens the civil rights and liberties of citizens of the United States and other nations by

so broadly defining ""domestic terrorism"" that any citizens who use direct action to further their political causes are vulnerable to prosecution as ""domestic terrorists"" (Sec. 802 of the USA PATRIOT Act);
authorizing federal agents to conduct covert searches of a person's home or office without notice of the execution of a search warrant until after the search has been completed, in some cases up to 90 days later (Sec. 213 of the USA PATRIOT Act);
requiring the surrender of ""any tangible things (including books, records, papers, documents and other items)"" and without limits as to the parties from whom the seizure of the above-mentioned tangible things can be required (Sec. 215 of the USA PATRIOT Act);
authorizing the government to install tracking devices on Internet Service Providers which are capable of intercepting all forms of Internet activity, e-mail messages, web page activity and Internet telephone communications whether the client is targeted in an investigation or not (Sec. 216 of the USA PATRIOT Act);
allowing searches to take place without probable cause of criminal conduct (Sec 218 of the USA PATRIOT Act); and
authorizing the United States Attorney General to detain indefinitely non-citizens on immigration violations and to arrest material witnesses not charged with any crime (Sec 412 of the USA PATRIOT Act).

Whereas, the City of Eau Claire recognizes that to date some 236 cities, towns, counties and states in the United States of America have passed resolutions, ordinances or ballot initiatives protecting the civil liberties of their residents;

Therefore, we the City Council of Eau Claire, Wisconsin, acting in the spirit of liberty, and to preserve those liberties guaranteed by the Constitutions of the United States of America and the State of Wisconsin, do hereby request that local, state, and federal law enforcement continue to preserve residents' freedom of speech, religion, assembly, and privacy;

1. Rights to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, detentions and racial profiling;

2. The Wisconsin Congressional delegation actively work for the repeal of those portions of the Act and its extensions, including "Patriot Act II" and national security letters, that violate the rights and liberties guaranteed by the United States Constitution; and

3. The City Clerk communicate this resolution to all City and County departments and employees, Wisconsin's Congressional delegation, the Governor and Attorney General of the State of Wisconsin, and the President and Attorney General of the United States.