South Pasadena, CA Resolution

RESOLUTION NO. 6753

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH PASADENA, CALIFORNIA, STATING ITS SUPPORT FOR CIVIL RIGHTS AND LIBERTIES AS ESTABLISHED BY VARIOUS AMENDMENTS TO THE UNITED STATES CONSTITUTION

WHEREAS, the City of South Pasadena has been and remains committed to the protection of civil rights and liberties for all people as expressed in the Constitutions of the United States of America and the State of California

WHEREAS, the Bill of Rights of the Constitution of the United States of America and the Constitution of the State of California guarantee certain rights concering:
· Freedom of Speech and peaceful assembly
· The assistance of counsel in criminal prosecutions and due process concerning deprivations of life liberty or property; and
· Protection from unreasonable searches and seizures

WHEREAS, the USA PATRIOT Act, Federal legislation also known as HR 3162 or Public Law 107-56, and associated orders and rules of the executive branch, now threaten these fundamental rights and liberties by:
· Authorizing the indefinite incarceration of citizens designated as ""enemy combatants,"" without access to counsel or meaningful recourse to the courts;
· Authorizing indefinite incarceration of non-citizens based upon mere suspicion, without access to counsel or meaningful recourse to the courts;
· Substantially reducing judicial supervision of telephone and Internet surveillance;
· Substantially expanding the government's ability to conduct secret searches;
· Granting the U.S. Attorney General and Secretary of State the power to designate domestic groups conducting legitimate activity as ""terrorist organizations,""
· Granting the Federal Bureau of Investigation broad access to sensitive medical, mental health, financial, library, bookstore purchase and educational records about individuals without having to show evidence of a crime and without presenting or even obtaining a court order;
· Imposing prosecution on any keeper of records who divulges the search; and
· Allowing secret searches of homes and offices, thus undermining an individual's right to be secure in one's home without facing unreasonable searches and seizures;

WHEREAS, over 100 communities in the U.S. have enacted similar resolutions in order to make a statement, affect government policy and demand accountability from law enforcement regarding the implementation of these new powers

WHEREAS, this Resolution is not intended to inhibit or prevent apprehension, trial, or conviction of people who have carried out or planned attacks against the United States or any other country, but to state the belief that the United States is a nation based on laws and that a threat to any one person's Constitutional rights is a threat to the rights of all;

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 of the right of people peaceably to assemble, and to petition the Government for a redress of grievances;""

WHEREAS, the Fourth Amendment declares that ""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 states that no person ""shall be compelled in any criminal case to be a witness against himself;""

WHEREAS, the Sixth Amendment guarantees defendants ""the right to a speedy and public trial, by an impartial jury?,and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense;""

WHEREAS, the Eight Amendment states that ""excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted;"" and

WHEREAS, the Fourteenth Amendment prohibits the government from denying ""to any person within its jurisdiction the equal protection of the laws.""

NOW, THEREFORE, the City Council of the City of South Pasadena DOES HEREBY RESOLVE, as follows:

Section 1. The City Council affirms the rights of all people, as established by the First, Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the U.S. Constitution.

Section 2. The City Council calls upon all City officials and employees to protect the civil rights and liberties of any person, as established by the First, Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the U.S. Constitution and not participate in any actions which violate those rights and liberties.

Section 3. The City Council calls upon all private persons also to protect the civil rights and liberties of any person, as established by the First, Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the U.S. Constitution and not participate in any actions which violate those rights and liberties.

Section 4. The City Manager submit a copy of this Reosluiton to all City Departments, the Governor and Attorney General of the State of California, the California Congressional Delegation, the United States Attorney General, and the President of the United States.

PASSED, APPROVED, AND ADOPTED this 16th day of July 2003.