Taos, NM

RESOLUTION NO. 03-57
A Resolution of the Town of Taos New Mexico Reaffirming Support for the Rights and Freedoms Protected by the National Constitution, and Urging Congress to Reconsider the Effects of the USA PATRIOT Act on Those Rights

WHEREAS, the primary responsibility of the federal government is to ensure the safety and security of residents of the United States and to protect our city and nation from acts of violence;

WHEREAS, the Town of Taos and its residents are governed by the Constitution of our republic, including the Bill of Rights, and the New Mexico State Constitution, which both protect freedom of religion, speech, press and assembly, as well as the right to due process in all legal proceedings;

WHEREAS, the governing body of the Town of Taos has been and remains, firmly committed to the protection of civil rights and civil liberties for all of its residents, and

WHEREAS, we recognize the diversity in our community;

WHEREAS, the means used to prevent acts of terror, like those used to combat other crimes, must not be allowed to infringe on basic free expression and due process rights;

WHEREAS, certain federal policies adopted since September 11, 2001, including provisions in Public Law 107-56, known as the USA PATRIOT Act, and related executive orders, regulations and actions, are contrary to the national Constitution and threaten fundamental rights and liberties by:

A. granting federal law enforcement and intelligence agencies broad access to personal, medical, credit and banking, library and educational records with little, if any, judicial oversight, including secret access to library records of books checked out by any individual and book store records of all books purchased by any individual;

B. expanding the authority of federal agents to conduct searches, in which the subject of the search has not been notified that his or her property has been searched;

C. limiting the authority of federal courts to curb law enforcement abuse of electronic surveillance in anti-terrorism and ordinary criminal investigations;

D. permitting the federal bureau of investigation to conduct surveillance of religious services, internet chat rooms, political demonstrations and public meetings of any kind without evidence that a crime has been or may be committed;

E. discouraging constitutionally protected speech through broad 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 the enforcement of federal immigration law, and

G. 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; and

WHEREAS, the Town of Taos wants to recognize the commitment it has to uphold the legal and human rights of its residents, and affirm its strong support for the rights of immigrants and oppose measures that single out individuals for legal scrutiny or enforcement activity based on their country of origin or religion; and

WHEREAS, other communities from around the country have passed similar resolutions reinforcing local efforts to support and defend legal and human rights of their residents.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF TAOS that it reaffirms its commitment to embody democracy and to embrace, defend and uphold the inalienable rights and fundamental liberties protected under the National Constitution and the New Mexico State Constitution; and

BE IT FURTHER RESOLVED that the Town of Taos Town Council support efforts by the federal government to prevent acts of violence against the people of our country, so long as the conduct of such efforts scrupulously observe the inalienable rights and freedoms protected by the Constitution;

BE IT FURTHER RESOLVED that our Federal legislative delegation be asked to actively monitor the implementation and possible expansion of the USA PATRIOT Act, any new Executive Orders, and actively work for the repeal of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights; and

BE IT FURTHER RESOLVED that upon passage of this Resolution, the Town Council encourages efforts to make our community aware of the threats posed by current and proposed legislation and practices that would violate the rights and freedoms we hold sacred: and

BE IT FURTHER RESOLVED that upon passage, the Town Council authorizes the release of this Resolution to all federal and New Mexico state law enforcement agencies, the Governor's office, the New Mexico federal legislative delegation, the President and the Attorney General of the United States of America and local newspapers and radio stations.

PASSED, RESOLVED AND APPROVED, this 21 st day of October2003 at the Regular Meeting of the Town of Taos