Bill of Rights; Repeal Patriot Act

The counties to pass Bill of Rights/Repeal Patriot Act resolutions are: Marin County, CA; San Mateo County, CA; Broward County, FL; Santa Cruz County, CA; Mendocino County, CA; Benton County, OR; Blount County, TN, Alachua County, FL; and San Miguel County, CA. 

Here is a county version of this resolution put together by organizations within Chatham County, GA. 

This resolution is supported by the Green Party of Chatham County, A. Philip Randolph Institute of Savannah, We the People Coalition, Geechee Institute, Labor-Green Party of Georgia, Libertarian Party of S.E. Georgia, Fellowship of Reconciliation of Savannah, Daughters of Mary Magdelin, Masjid Jihad Mosque, Georgia Clients Council, Arab American Anti-Discrimination Committee of Georgia, Amnesty International Southern Region, Georgia Library Association, Interdenominational Ministerial Alliance, Central Labor Council of Savannah, Savannah Peace Coalition, and Social Justice and Action Committee of the Unitarian Universalist Church. 

What follows is the resolution and then a recent article from ABC about the passage of a Bill of Rights/Repeal Patriot Act resolution in Carrboro, NC. 

Kellie Gasink 

----------------------------------------------------- 

WHEREAS, the County of Chatham has demonstrated its commitment to protecting the rights of all our citizens; and 

WHEREAS, the County of Chatham houses a diverse student and working population, including non-citizens, whose contributions to the community are vital to its character and function; and 

WHEREAS, the County of Chatham, motivated by the commitment to uphold the human rights of all persons in Savannah and the free exercise and enjoyment of any and all rights and privileges secured by our constitutions and laws of the United States, and the State of Georgia, passed a resolution in 2003 supporting the rights and safety of Arabs, Muslims and People of Color; and 

WHEREAS, the Declaration of Independence of the United States holds as self-evident that all people are created equal and are endowed with the unalienable rights of life, liberty, and the pursuit of happiness; 

WHEREAS, the Constitution of the State of Georgia guarantees that no person shall be deprived of life, liberty, or property except by due process of law 1:1:1; and 

WHEREAS, the First Amendment of the United States Constitution specifies that no law be made "respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances;" and 

WHEREAS, the Constitution of the State of Georgia guarantees that the people have the right to assemble peaceably for their common good and to apply by petition or remonstrance to those vested with the powers of government for redress of grievances; 1:1:9 and 

WHEREAS, the Fourth Amendment declares that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to beseized;" and 

WHEREAS, the Constitution of the State of Georgia guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue expect upon probable cause supported by oath or affirmation particularly describing the place or places to be searched ad the persons or things to be seized 1:1:13 and; 

WHEREAS, the Fifth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself;" and 

WHEREAS, the Constitution of the State of Georgia guarantees that no person shall be compelled to give testimony tending in any manner to be self-incriminating 1:1:16 and; 

WHEREAS, the Sixth Amendment guarantees defendants "the right to a speedy and public trial, by an impartial jury, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense;" and 

WHEREAS, the Constitution of the State of Georgia guarantees that every person charged with an offense against the laws of this state shall have the privilege and benefit of counsel; shall be furnished with a copy of the accusation or indictment and, on demand, with a list of the witnesses on whose testimony such charge is founded; shall have compulsory process to obtain the testimony of that person's own witnesses; and shall be confronted with the witnesses testifying against such person; 1:1:14 and 

WHEREAS, the Eighth Amendment states that "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;" and 

WHEREAS, the State of Georgia guarantees that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison 1:1:17 and; 

WHEREAS, the Fourteenth Amendment prohibits the government from denying "to any person within its jurisdiction the equal protection of the laws;" and 

WHEREAS, the State of Georgia guarantees that no person shall be denied the equal protection of the laws 1:1:2 and; 

WHEREAS, the State of Georgia guarantees that no bill of attainder, ex post facto law, retroactive law, or laws impairing the obligation of contract or making irrevocable grant of special privileges or immunities shall be passed 1:1:10 and; 

WHEREAS, the State of Georgia guarantees that the right to trial by jury shall remain inviolate 1:1:11 and; 

WHEREAS, the State of Georgia guarantees that "all government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.  Public officers are the trustees and servants of the people and are at all times amenable to them and; 1:2:1 

WHEREAS, several acts and orders recently enacted at the Federal level, including sections of the USA Patriot Act, Homeland Security Act and several executive orders, now threaten these fundamental rights and liberties: freedom of speech, religion, assembly and privacy, the rights to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures; All guaranteed by the Constitution of the State of Georgia, the Constitution of the United States, and the Bill of Rights; 

WHEREAS, we believe these liberties are precious and are now directly threatened by: 

A. The USA PATRIOT Act, which - All but eliminates judicial supervision of telephone and Internet surveillance; - 

Greatly expands the government's ability to conduct secret searches; - 

Chills constitutionally protected speech through overbroad definitions of "terrorism"; and - 

Grants the FBI broad access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime and without a court order; and 

B. Federal Executive Orders, which - 

Establish secret military tribunals for terrorism suspects; - 

Permit wiretapping of conversations between federal prisoners and their lawyers; - 

Lift Justice Department regulations against illegal COINTELPRO-type operations by the FBI (covert activities that in the past targeted domestic groups and individuals); and - 

Limit the disclosure of public documents and records under the Freedom of Information Act; and 

C. The Dept. of Homeland Security, which violates fundamental principles of open governance by - 

Being exempt from FOIA disclosure, thereby drastically limiting the agency's responsibility to answer public questions; - 

Empowering the secretary of the new agency to waive the safeguards contained in the federal Whistleblower Protection Act. 

Therefore, we the County of Chatham, Georgia, acting in the spirit and history of our community, do hereby request that: 

1. Local law enforcement continue to preserve residents' freedom of speech, religion, assembly and privacy; rights to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures even if requested or authorized to infringe upon these rights by federal law enforcement acting under new powers granted by the USA Patriot Act, Homeland Security Act or orders of the Executive Branch; and that all Local law enforcement personnel refrain from participating in the enforcement of federal immigration laws. 

2. Local law enforcement continue to preserve residents' freedom and do not participate in forced vaccination of residents nor in the internment or quarantine of any individual who refuses to participate in a vaccination. Local law enforcement continue to preserve residents' freedom and not turn over any forms containing personal information concerning vaccination of residents. Local law enforcement continue to preserve residents' freedom and do not act in any way that is contrary to the improvement of a residents health condition when offering medical testing or medical treatment. Local law enforcement not participate in the isolation of medically ill individuals in the same place with the isolation of possibly ill or medically well individuals. 

3. Federal and State law enforcement officials acting within the City work in accordance with the policies of the Chatham County Sheriff's Department, and in cooperation with the Department, by not engaging in or permitting detention without charges or racial profiling in law enforcement. 

4. The U.S. Attorney's Office, the Office of the Federal Bureau of Investigation and the Georgia State Police report to the Chatham County Commission regularly and publicly the extent to and manner in which they have acted under the USA Patriot Act, Homeland Security Act, new Executive Orders, or COINTELPRO-type regulations, including but not limited to disclosing; - 

the names of any detainees held in the area or any Chatham County residents detained here or elsewhere, the circumstances that led to each detention; - 

the charges, if any, lodged against each detainee; - 

the name of counsel, if any, representing each detainee; - 

the number of search warrants that have been executed in the County of Chatham without notice to the subject of the warrant pursuant to section 213 of the USA PATRIOT Act; - 

the extent of electronic surveillance carried out in the County of Chatham under powers granted in the USA PATRIOT Act; - 

the extent to which federal authorities are monitoring political meetings, religious gatherings or other activities protected by the First Amendment within the County of Chatham; - 

the number of times education records have been obtained from public schools and institutions of higher learning in the County of Chatham under section 507 of the USA PATRIOT Act; - 

the number of times library records have been obtained from libraries in the County of Chatham under section 215 of the USA PATRIOT Act; - 

the number of times that records of the books purchased by store patrons have been obtained from bookstores in the County of Chatham under section 215 of the USA PATRIOT Act. 

5. Our United States Congressmen and Senators monitor the implementation of the Acts and Orders cited herein and actively work for the repeal of the USA Patriot Act, Homeland Security Act and those Orders that violate fundamental rights and liberties as stated in the Constitutions of the State and the United States. 

----------------------------------------------------- 

Protesting 'Patriots' Town Among Several Vowing to Block Patriot Act Enforcement 

Carrboro, N.C., April 27 - 

In this old cotton mill town, the Friendly Barber Shop still cuts hair for a friendly $5. 

It hardly seems like the front line in the war on terrorism, but try telling that to some of the town's 17,000 residents. 

"We're all patriots," said Allan Spalt, a Carrboro resident. "We're all against terrorism. We all believe in protecting the country." 

Local residents are worried the federal government has become too intrusive and that federal agents could sweep into town and violate their constitutional right to privacy. 

"It's terrifying," said Lori Hoyt, a social worker from Carrboro. 

'Bill of Rights Defense' Residents have pressured the City Council to pass a "Bill of Rights defense resolution." 

The measure requires federal investigators who visit the town to report to city hall and state their business. It also directs local police to stand in the way of any unreasonable searches or seizures. 

"It may be David against Goliath, but it's a fight worth fighting," said Carrboro's mayor, Mike Nelson. 

Dozens of cities around the country have passed resolutions urging federal authorities to respect the civil rights of local citizens when fighting terrorism. Efforts to pass similar measures are under way in more than 60 other places. 

While the resolutions are largely symbolic, many of them provide some legal justification for local authorities to resist cooperating in the federal war on terrorism when they deem civil liberties and constitutional rights are being compromised. 

'Sweeping Ramifications' 

At issue is an element of the president's homeland security program - the USA Patriot Act. 

The rules give the FBI and CIA more authority to wiretap and monitor residents. For example, federal agents no longer need probable cause to monitor mosques or political gatherings. They can also force librarians and county clerks to turn over public records, and jail them if they tell anyone. 

Carrboro residents say what concerns them the most is something called the "sneak and peek" warrant. It allows federal investigators to come into your home, without you knowing, search everything, and they have a "reasonable" amount of time to tell you why they were there. 

"The Patriot Act passed overwhelmingly in the hysteria following the Sept. 11 tragedy," said Mark Dorison, a local nightclub manager. "I don't think the American public has had a chance to digest the sweeping ramifications." 

Are Carrboro residents really concerned that the FBI is going to break into their houses? "If they can do that to somebody else, they can do it to anyone," said Alex Zaffron, a Carrboro resident. 

"I'm an older person now," Hoyt said, "and I've learned not to trust what bureaucracies or big government says." 

Civil Rights Terrorists? 

Constitutional scholars say the new Patriot Act renews old distrust in federal authority. 

"Under this standard of terrorism," said Kimberly Crenshaw of Columbia University, "the civil rights movement, the freedom riders, the sit-in demonstrations, all of these people could conceivably have been prosecuted as terrorists." 

All this makes Carrboro Police Chief Carolyn Hutchinson uncomfortable. 

She could go to jail if she refuses to cooperate with federal authorities. 

"I won't initially run for the hills," she said, "but I will seek legal counsel." The people of Carrboro say they realize their resolution, their police chief, and their mayor will end up in court, and they're ready for the fight. 

ABCNEWS' Steve Osunsami contributed to this report.