R-9832
f: \atty\mu n i\laws\m j m \patriotact. wpd
City Council Meeting 2-11-03
Santa Monica, California
RESOLUTION NUMBER 9832 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AFFIRMING THE CITY'S STRONG
COMMITMENT TO CIVIL LIBERTIES, OPPOSING THE USA
PATRIOT ACT AND RELATED ORDERS AND DIRECTIVES, AND
SUPPORTING UNABROGATED CITY PROTECTION FOR
CONSTITUTIONAL RIGHTS
WHEREAS, the United States Constitution guarantees all persons living in the
United States fundamental rights including freedom of religion, speech, assembly and
privacy; protection from unreasonable searches and seizures; due process and equal
protection; and access to counsel, presumption of innocence and a fair, speedy public trial;
and
WHEREAS, a great crime against humanity occurred on September 11, 2001,
resulting in new federal laws and enforcement powers, including the USA Patriot Act
signed by President George W. Bush on October 26,2001; and
WHEREAS, the USA Patriot Act appears to weaken or contradict the above-
mentioned constitutional rights; and
WHEREAS, Department of Justice interpretations of this Act and Executive Orders
under the Act appear to particularly target Muslims, people of Middle Eastern and South
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Asian descent and citizens of other nations, thereby encouraging racial and ethnic profiling;
and
WHEREAS, the City of Santa Monica proudly houses a diverse population, including
many citizens of other nations, whose contributions to our community are vital to its
character and function; and
WHEREAS, the USA Patriot Act significantly expands the government's ability to
access sensitive medical, mental health, financial and educational records about
individuals, lowers the burden of proof required to conduct secret searches and telephone
or internet surveillance, increases federal law enforcement authority to obtain library
records and prohibits librarians from informing patrons of monitoring or information
requests; and
WHEREAS, our own Santa Monica Public Library Board has discussed concerns
regarding how our community might protect patrons' rights to privacy and confidentiality
while using City of Santa Monica public facilities; and
WHEREAS, the City of Santa Monica has a history of providing leadership in
upholding constitutional rights and preventing the abuse of the civil rights of its residents,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City of Santa Monica affirms its abhorrence of and opposition to
terrorism, but also insists that efforts to end terrorism not be waged at the expense of
fundamental civil rights.
SECTION 2. The City of Santa Monica affirms its commitment to the rights of all
people, including those of various ethnicities and citizenships, and to reasonable and
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proper expectations of individual privacy when using community facilities such as our
Public Library.
SECTION 3. The City of Santa Monica opposes any part of or implementation of
the USA Patriot Act and Justice Department directives and Executive Orders which
contravene the civil rights guaranteed by the United States Constitution.
SECTION 4. The City Council affirms the existing legal responsibility and policy of
the City of Santa Monica to uphold the United States Constitution and to scrupulously
observe the civil rights and civil liberties of individuals in the delivery of City services and
the execution of municipal obligations. Nothing in the USA Patriot Act shall be interpreted
as abrogating that responsibility or altering that policy.
SECTION 5. The City Council calls upon all private citizens and organizations,
including residents, employers, educators and business owners, to demonstrate similar
respect for civil rights and civil liberties, especially, but not limited to, conditions of
employment and cooperation with USA Patriot Act investigations.
SECTION 6. The City of Santa Monica calls upon United States Representative
Henry Waxman and United States Senators Barbara Boxer and Dianne Feinstein to
vigilantly monitor the implementation of the USA Patriot Act and associated Orders, and
to actively work for the repeal of those sections of the Act and those Orders that violate
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fundamental rights and liberties as stated in the United States Constitution and its
Amendments.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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Adopted and approved this 11th day of February,~
Richard Bloom, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9832 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 11th of February, 2003,
by the following vote:
Ayes: Council members: Feinstein, Mayor Pro Tem McKeown, Katz,
Genser, Holbrook, O'Connor, Mayor Bloom
Noes: Council members:
Abstain: Council members:
Absent: Council members:
ATTEST:
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Maria M. Stewart, ty Clerk