COMMUNITY RESOLUTION TO PROTECT CIVIL LIBERTIES

Whereas, the City of Portage has a long and distinguished history of protecting and expanding the civil rights and civil liberties of all of its residents when their liberties are threatened; and

Whereas, the City of Portage has a diverse population, including immigrants and students some of whom are non-citizens, whose contributions to the community are vital to its character and function; and

Whereas, the City of Portage has honored and memorialized all those of our Armed Forces, citizens and non-citizens alike, who have fought and sometimes died in battle protecting these cherished and inalienable rights and liberties;

Whereas, the City of Portage requires that the City and its personnel, shall uphold all laws and ordinances, and

Whereas, acts and orders enacted at the Federal level, including certain sections of the USA PATRIOT Act and Executive and Justice Department orders may threaten fundamental rights and liberties: freedom of speech, religion, assembly and privacy; the rights to counsel, due process and equal protection of the law in criminal proceedings; and protection from unreasonable searches and seizures; and

Whereas, these rights and liberties are guaranteed under the Bill of Rights of the U.S. Constitution and Declaration of Rights of the Michigan State Constitution;

NOW, THEREFORE, Be it Resolved by the City Council of the City of Portage:

That we affirm our strong support for the rights and liberties guaranteed by our Federal and State Constitutions, by international law, and by City ordinances, and we oppose voluntary compliance with federal laws, directives and orders, including those cited above, to the extent that they may infringe on those rights and liberties, because such laws, directives and orders threaten all the residents of our city.

Be it further resolved that to the extent legally possible, in such a way that does not conflict with the Charter of the City of Portage, or the obligations of Portage police officers and other city officials to uphold and enforce the law of the land, no City resources, including city personnel or funds, shall be used to advance federal activities in the City of Portage, where such activities, investigations or proceedings violate the fundamental rights and liberties enumerated in the laws cited above. Such activities include, but are not limited to:

detaining a person without charges, the right to counsel, or a public and speedy trial;

executing a search warrant without notice to the subject of the warrant;

engaging in electronic surveillance or wiretaps conducted without probable cause or reasonable articulable suspicion of criminal activity;

engaging surveillance of religious or political meetings without probable cause or reasonable articulable suspicion of criminal activity;

Obtaining records from medical, financial, and educational institutions, libraries, and bookstores without probable cause or reasonable articulable suspicion of criminal activity;

engaging in non-criminal federal immigration enforcement activities;

engaging in profiling based solely on race, ethnicity, citizenship, religious or political affiliation.

Be it further resolved that the City of Portage urges members of the Michigan Congressional delegation to actively work for the revocation of any sections of the USA PATRIOT and Homeland Security Acts and any federal legislation, orders or directives, including the proposed Domestic Security Enhancement Act of 2003 (PATRIOT II), the Vital Interdiction of Criminal Terrorist Organizations (VICTORY) Act of 2003, the Antiterrorism Tools Enhancement Act of 2003, the Pretrial Detention and Lifetime Supervision of Terrorists Act of 2003, the Terrorist Penalties Enhancement Act of 2003, and the Clear Law Enforcement for Criminal Alien Removal Act of 2003, which limit or violate the fundamental rights and liberties enumerated and contained in the Constitutions of the United States and State of Michigan, treaties of the United States or the Ordinances of the City of Portage, and to restore the checks and balances inherent in our constitutional tradition.

Be it Further Resolved that the Clerk of the City of Portage transmit a copy of this resolution to the persons and agencies enumerated in this resolution.

PROPOSED BY THE TASK FORCE FOR
DEFENSE OF THE BILL OF RIGHTS.