Davis, CA Patriot II Resolution

RESOLUTION NO. 03-164
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAVIS TO OPPOSE THE DOMESTIC SECURITY ENHANCEMENT ACT

WHEREAS, the Davis City Council unanimously approved Resolution No. 03-18, dated February 12, 2003, opposing the USA PATRIOT ACT; and

WHEREAS, Congress is considering various measures to implement a Department of Justice proposal known collectively as the Domestic Security Enhancement Act (also known as PATRIOT ACT II) which would grant sweeping powers to the government, eliminating or weakening many of the checks that remain on government surveillance, wiretapping, detention and criminal prosecutions; further reducing the protections guaranteed citizens and non-citizens from the Bill of Rights and other civil rights Amendments, therefore

NOW THEREFORE, BE IT RESOLVED, that the Mayor is hereby authorized to sign a letter on behalf of the Davis City Council expressing opposition to the Domestic Security Enhancement Act, the letter to read as follows:

On February 12, 2003, the Davis City Council unanimously approved Resolution No. 03-18 opposing the USA PATRIOT ACT and enumerating specific concerns regarding the Act. In furtherance of this opposition, the Council also opposes the current legislation under consideration, which expands the USA PATRIOT ACT and is known as The Domestic Security Enhancement Act for the following reasons:

It further dismantles court review of surveillance, terminates court-approved limits on police spying on religious and political activity (Sec. 312), allows the government to obtain credit records and library records secretly and without judicial oversight (Sec. 126, 128, 129), and allows wiretaps without a court order for up to 15 days following a terrorist attack (Sec. 103);

It allows governments to operate in secret by authorizing secret arrests (Sec. 201), and imposes severe restrictions on the release of information about the hazards to the community posed by chemical and other plants (Sec. 202);

It further expand the reach of an already overbroad definition of terrorism so that organizations engaged in civil disobedience are at risk of government wiretapping (Sec. 120, 121) asset seizure (Sec. 428), and their supporters could even risk losing their citizenship (Sec. 501);

It gives foreign dictatorships the power to seek searches and seizures in the United States (Sec. 321), and to extradite American citizens to face trial in foreign courts (Sec. 322), even if the United States Senate has not approved a treaty with that government; and unfairly targets immigrants under the pretext of fighting terrorism by stripping even lawful immigrants of the right to a fair deportation hearing and stripping the federal courts of their power to correct unlawful actions by the immigration authorities (Sec. 503, 504).

The Davis City Council, recognizing its oath to defend the United States Constitution, acknowledges that the various proposed measures known collectively as The Domestic Security Enhancement Act eliminate or weakened rights guaranteed in the First, Fourth, Fifth, Sixths, Seventh, Eighth, and Fourteenth Amendments to the United States Constitution. The Davis City Council urges the President of the United States, the United States Congress and the Federal Court System to recognize the importance of protecting the rights of citizens, rather than sacrificing them, in the name of national security.

BE IT FURTHER RESOLVED, that the letter shall be sent to the President of the United States, California US Senators, and Congresspersons.

PASSED AND ADOPTED this 23rd day of September, 2003.