RESOLUTION: 192-03 - Referred to Miscellaneous Matters Committee - 6/07/2004
Submitted by: Councilmember Keith Rodgerson, D-133
They that can give up
essential liberty to obtain a little temporary safety deserve neither liberty
nor safety.
-Benjamin Franklin, Historical Review of Pennsylvania, 1759
WHEREAS, the residents of Bridgeport wish to honor the memory of all those who died as a result of the September 11, 2001, attacks; and
WHEREAS, the Bridgeport City Council recognizes the Constitution of the United States of America to be the supreme law of the land, which all public servants are sworn to uphold; and
WHEREAS, the City of Bridgeport, otherwise known as “The Arsenal of Democracy”, is proud of its long and distinguished tradition of protecting the civil rights and liberties of its residents, and of the activism of its residents; and
WHEREAS, the preservation of civil rights and liberties is essential to the well-being of a democratic society; and
WHEREAS, the City of Bridgeport has with gratitude for their supreme sacrifice memorialized those in the Armed Forces who have died in battle protecting these same cherished rights and liberties; and
WHEREAS, the City of Bridgeport has a diverse population, including immigrants, students and non-citizens, whose contributions to the community are vital to its economy, culture and civic character; and
WHEREAS, Federal, State and local Governments should protect the public from terrorist attacks such as those that occurred on September 11, 2001, but should do so in a rational and deliberative fashion to ensure that any new security measure enhances public safety without impairing constitutional rights or infringing on civil liberties; and
WHEREAS, the Bridgeport City Council supports the premise that there is no inherent conflict between National security and the preservation of liberty; and
WHEREAS, four states and over 300 communities across the country -- including Anchorage, Alaska; Berkeley, California; Santa Cruz, California; Boulder, Colorado; Denver, Colorado; New Haven, Connecticut; Hartford, Connecticut; Broward County, Florida; Chicago, Illinois; Bloomington, Indiana; Amherst, Massachusetts; Cambridge, Massachusetts; Northhampton, Massachusetts; Baltimore, Maryland; Ann Arbor, Michigan; St. Louis, Missouri; St. Paul, Minnesota; Santa Fe, New Mexico; New York City, New York; Albany, New York; Philadelphia, Pennsylvania; Austin, Texas; Carrboro, North Carolina; Providence, Rhode Island; Madison, Wisconsin; Richmond, Virginia and Washington, D.C. -- have passed resolutions opposing those parts of the USA PATRIOT Act and the associated orders and rules that threaten our civil liberties; and
WHEREAS, Some Federal policies adopted since September 11, 2001, including provisions in the USA PATRIOT Act (Public Law 107-56) and related executive orders, regulations and actions raise concerns over the loss of fundamental rights and liberties; and
WHEREAS, New Legislation has been drafted by the Bush Administration entitled the Domestic Security Enhancement Act (DSEA) (also known as PATRIOT II) which contains a multitude of new and sweeping law enforcement and intelligence gathering powers, many of which are not related to terrorism, that would severely dilute, and could undermine, many basic constitutional rights, as well as disturb our unique system of checks and balances; now, therefore, be it
RESOLVED, That the Bridgeport City Council:
1. Affirms its strong support for the fundamental constitutional rights and its opposition to Federal measures that infringe on civil liberties; and
2. Strongly supports the rights of immigrants, minorities, and Native Americans and opposes any measure that single out individuals for legal scrutiny or enforcement activity based on their Country of origin or ethnicity; and
3. Calls upon the law enforcement officials working within the City and outside its boundaries to continue to preserve residents’ freedom of speech, religion, assembly; privacy; rights to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures; and
4. Directs Federal and state law enforcement officials acting within the City to work in accordance with the policies of the Bridgeport Police Department, and in cooperation with the Department, by not engaging in or permitting detentions without charges or racial profiling in law enforcement; and
5. Request that the U.S. Attorney's Office, the Office of the Federal Bureau of Investigation and Connecticut State Police report to the Bridgeport City Council regularly and publicly the extent to and manner in which they have enacted new Executive Orders, or COINTELPRO-type regulations, including disclosing the names of any detainees held in Connecticut or any Bridgeport residents detained elsewhere; and
6. That the City instruct the Library not to divulge information concerning books and magazines read by Library patrons to any unauthorized agency, and
7. Affirms the privacy rights and intellectual freedoms of its residents and supports librarians, booksellers and other communications dealers in protecting those rights; and
8. Calls upon federal officials to make periodic reports, consistent with the Freedom of Information Act, that include:
(a) the number of Bridgeport residents who have been arrested or otherwise detained by federal authorities as a result of terrorism investigations since September 11, 2001;
(b) the number of search warrants that have been executed in the City of Bridgeport without notice to the subject of the warrant pursuant to section 213 of the USA PATRIOT Act;
(c) the number of electronic surveillance actions carried out in the City of Bridgeport under powers granted in the USA PATRIOT Act;
(d) the number of investigations undertaken by federal authorities to monitor political meetings, religious gatherings or other activities protected by the First Amendment within the City of Bridgeport;
(e) the number of times education records have been obtained from public schools and institutions of higher learning in the City of Bridgeport under section 507 of the USA PATRIOT Act;
(f) the number of times library records have been obtained from libraries in the City of Bridgeport under section 215 of the USA PATRIOT Act; and
(g) the number of times that records of the books purchased by store patrons have been obtained from bookstores in the City of Bridgeport under section 215 of the USA PATRIOT Act; and
9. Be it further resolved, that the Council of the City of Bridgeport calls upon our United States Representatives and Senators to take a lead in Congressional action to prohibit passage of the Domestic Security Enhancement Act, known as “PATRIOT II”; and
10. Directs the City Clerk to transmit a copy of this resolution to our United States Senate and Congressional representatives, Governor John G. Rowland, President George W. Bush and Attorney General John Ashcroft.
Copies to: CAO, Mayor Fabrizi, State Delegation, State Attorney General Richard Blumenthal, Governor John G. Rowland, President George W. Bush and Attorney General John Ashcroft.