Patriot Act II - JUST SAY NO!

viveka kaliyuga at humboldt1.com
Fri May 2 06:59:48 MDT 2003


A small town in Northern California proves we CAN say no!

For those of us frustrated or uncertain about what to do next, here's an act
of resistance that has garnered national attention.  My dear friend, David
Meserve, drafted and helped pass the ordinance below in little old Arcata,
California and has received non-stop invitations to be on nationally
televised talk shows.  His appearances have run the spectrum from Pat
Buchanan to Pacifica's WBAI - from Al Jazeera to Sam Donaldson!  He is happy
to talk to anyone about this, if you're interested in passing such
legislation in your city (the list is growing) or if you have a connection
for him on a radio or TV spot.  Give him my hame if you call.  707-822-1469.

Here's a brief summary of the ordinance, the full text follows:  "The
ordinance instructs management employees of the city not to engage
in or permit any unconstitutional detentions or profiling, not to
voluntarily cooperate with investigations or arrests in violation of
individuals' civil rights or liberties, and to report to the city
manager and city council any requests for information or assistance that
may be in violation of the Bill of Rights or the Fourteenth Amendment."

Maggie


AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARCATA
AMENDING THE ARCATA MUNICIPAL CODE
TO DEFEND THE BILL OF RIGHTS AND CIVIL LIBERTIES

The City Council of the City of Arcata does ordain as follows:

Section 1:  Title II: Administration, Chapter 2:  Officers and Employees,
Article 5:  Defending Civil rights and liberties, Sections 2190 - 2194 are
hereby added to the Municipal Code as follows:

 SEC. 2190: Purposes.

 The purposes of this ordinance are as follows:

A.  To protect the civil rights and civil liberties for all and to affirm
the City's commitment to embody democracy, and to embrace, defend and uphold
the inalienable rights and fundamental liberties granted under the United
States and the California Constitutions, as set forth in Resolution 023-32,
A Resolution of the City Council of the City of Arcata to Defend the Bill of
Rights and Civil Liberties, adopted by the Council on January 15, 2003; and

B.  To ensure that local law enforcement continues to preserve and uphold
residents' freedom of speech, assembly, association, and privacy, the right
to counsel and due process in judicial proceedings, and protection from
unreasonable searches and seizures, even if requested or authorized to
infringe upon such rights by federal or state law enforcement agencies
acting under new powers created by the USA PATRIOT Act (Public Law 107-56),
Homeland Security Act (Public Law 107-296), or related Executive Orders, or
by future enacted laws, executive orders or regulations.

 SEC. 2191: No Unconstitutional Detentions or Profiling.

 No management employee of the City shall officially engage in or permit
unlawful detentions or profiling based on race, ethnicity, national origin,
gender, sexual orientation, or political or religious association that are
in violation of individuals' civil rights or civil liberties as specified in
the Bill of Rights and Fourteenth Amendment of the United States
Constitution.

 SEC. 2192: No Unconstitutional Voluntary Cooperation.

 No management employee of the City shall officially assist or voluntarily
cooperate with investigations, interrogations, or arrest procedures, public
or clandestine, that are in violation of individuals' civil rights or civil
liberties as specified in the Bill of Rights and Fourteenth Amendment of the
United States Constitution.





 SEC. 2193: Notification.

 Management employees of the City shall promptly notify the City Manager
when, in the course of City employment, the following occurs:

A management employee of the City is contacted by another law enforcement
agency and asked to cooperate or assist with an investigation,
interrogation, or arrest procedure under provisions of the USA PATRIOT Act
(Public Law 107-56), Homeland Security Act (Public Law 107-296), or  related
Executive Orders, or future enacted law, executive order or regulation,
where such procedure is in violation of an individual's civil rights or
civil liberties as specified in the Bill of Rights and Fourteenth Amendment
of the United States Constitution.

Upon such notification from a management employee, the City Manager shall
promptly report to the City Council, specifying the law enforcement agency
seeking cooperation or assistance and the actions requested of the
management employee.

 SEC. 2194: Defense.

 The City shall provide legal defense to any management employee who is
criminally charged by another entity for his or her actions in compliance
with this Ordinance.

 SEC. 2195: Severability.

 If any section or sections of the ordinance is or are held to be invalid or
unenforceable, all other sections shall nevertheless continue in full force
and remain in effect.

Section 2: This ordinance will take effect thirty (30) days after the date
of its adoption.

Dated:  April 2, 2003.

ATTESTED:      APPROVED:

City Clerk, City of Arcata    Mayor, City of Arcata

Clerk's Certification

 I hereby certify that the foregoing is a true and correct copy of ordinance
No. 1339, passed and adopted at a regular meeting of the City council of the
City of Arcata, Humboldt County, California, on the second day of April,
2003, by the following vote:

  AYES: 4
  NOES: 1
  ABSENT: 0

City Clerk, City of Arcata





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