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The "Patriot Act"
RICHMOND CITY COUNCIL RESOLVES TO OPPOSE THE PATRIOT
ACT!
Full text of resolution appears at the bottom
of this page
More
information on the "Patriot Act"
At the February 25, 2003, City Council Meeting, the Richmond
City Council, after listening to the passionate pleas of some 40 citizens,
voted 8 ayes, 0 noes and 1 abstention to become the 48th U.S. city to
oppose the Patriot Act.
I was the one abstention. Based on what I had read of the Patriot Act
and what I had heard from others, including the 40 persons speaking at
last night's meeting, I too agreed that the Patriot Act was an egregious
example of overreaching, capitalizing on a national tragedy to advance
the mechanics of a classic police state.
On the other hand, I was the only person confessing that I had not actually
read the act in its entirety -- from start to finish, 126 pages and 57,992
words. In fact, I will buy each City Council member who can truthfully
say they have actually read the Patriot Act a dinner at his or her restaurant
of choice. I might even extend the offer to those who testified at the
meeting.
But my principal reason for abstaining was that I felt a city council
can make better use of its time and energy by concentrating on serious,
unresolved local problems rather than national and international politics.
I lost one E-FORUM reader, who wrote: "I can't believe you abstained
from the vote on the PATRIOT Act last night, after so many people made
the point that this issue is not just national but that the city enforces
such an act and is the frontline interface with the public for such an
act. I was extremely disappointed, and so were many others who had thought
you could be counted on for sensible actions. However, your abstention
makes it clear that you don't have very much to say that I need to hear.
Please remove me from your list."
I lost another supporter, who emailed me even before I got home: "I
was frankly stunned by your remarks at the end of what I can only describe
as an absolutely inspiring city council meeting. I was SO PROUD of what
I thought to be our unanimous city council. And the Richmond residents
that showed up! I was PROUD to be from Richmond. I have been so frightened
by what has been happening to our country. Was your mind elsewhere when
people were telling you how important their freedoms were to them? And
the librarians in Richmond? Aren't they your concern? There is NOTHING
more important to be done in Richmond than to support our civil rights.
NOTHING. A pot hole can always be fixed. But the Constitution is the basis
of everything we hold dear and it is being dismantled piece by piece in
front of our eyes. Not just potential damage, but the reality! I was so
relieved to contemplate that at least we could have SOME elected officials
that support the Constitution even when those in Washington don't have
the guts or the brains to do so. And then you poured cold water over the
whole event. What were you thinking? To think we should ignore our responsibility
to the Constitution and our civil rights in favor of local issues is...
frankly unbelievable. I can only scratch my head and ask you to read again
your oath of office. It is not for nothing those words are in there. That
is the FIRST thing we ask of you as a councilman."
On a positive note, I did receive one phone call, however, from a woman
who thanked me for voting to oppose the Patriot Act.
Clearly, the Patriot Act is important, and I can buy the argument that
it could adversely affect the lives of some number of Richmond residents.
I accept the fact that it tramples on our constitutuinal rights. I have
always believed that 9/11 was a failure of Bush's FBI and CIA to communicate
and act on knowledge thay had legally obtained prior to the PatriotAct,
rather than constraints on their ability to obtain critical intelligence.
However, the Bush administration has a list of transgressions, that, in
my humble opinion, will also adversely affect the lives of Richmond residents.
In a City with a homicide rate that rises above most of California, a
$5 million looming budget shortfall, a police force that fancies itself
as the "first responder to terrorism" without any funding to
do so and hundreds of millions of dollars of unfunded infrastructure deferred
maintenance, can we afford the luxury of devoting the major portion of
City Council meetings to matters of federal legislation and national politics,
no matter how critical are the principles involved?
If that's what people believe is our highest priority, I have my own
list of resolutions to oppose Bush administration. I propose the City
Council agendize and debate resolutions condemning the Bush administration
for the following, which represent only a fraction of my complaint list,
in which I believe is something everyone can find dear to his or her heart.
In just the first year, George Bush, out first un-elected president:
* Cut $39 million from federal spending on libraries
* Cut $35 million in funding for advanced pediatric training for doctors
* Delayed rules that would reduce "acceptable" levels of arsenic
in drinking water
* Cut funding for research into cleaner, more efficient cars and trucks
by 28 percent
* Revoked rules strengthening the power of the government to deny contracts
to companies that violate federal laws, environmental laws, and workplace
safety standards.
* Allowed Secretary of Interior Gale Norton to request suggestions for
opening up national monuments for foresting, coal mining and oil and gas
drilling.
* Broken campaign promise to invest 4100 million per year in rain forest
conservation.
* Reduced by 86 percent the Community access program, which coordinated
care for people without health insurance among public hospitals, clinics
and other health care providers.
* Nullified a proposal to increase public access to information about
potential ramifications of chemical plant accidents
* Cut funding of Girls and Boys Clubs of America programs in public housing
by $60 million.
* Pulled out of the 1997 Kyoto Protocol agreement on global warming, ultimately
signed by 178 other countries.
* Rejected an international accord to enforce the 1972 treaty banning
germ warfare.
* Cut $200 million from workforce training programs for dislocated workers.
* Cut $20 million from the Childcare and development grant, a program
that provides child care to low-income families as they are forced from
welfare to work.
* Eliminated prescription contraceptive coverage to federal employees
(though Viagra is still covered).
* Cut $700 million in funds for public housing repair.
* Cut half a billion dollars from the Environmental Protection Agency
budget.
* Overturned workplace ergonomic rules designed to protect workers health
and safety.
* Abandoned a campaign pledge to regulate carbon dioxide emissions, a
major contributor to global warming.
* Prohibited any federal aid from going to international family planning
organizations that provide abortion counseling, referrals or services
with their own funds.
* Nominated former mining company executive Dan Lauriki as assistant Secretary
of Labor for Mine safety and Health.
* Appointed Lynn Scarlett, a global warming skeptic and an opponent of
stricter standards on air pollution, as Undersecretary of the Interior.
* Approved Interior Secretary Gale Norton's controversial plan to auction
off areas close to Florida's eastern shore for oil and gas development.
* Announced plans to allow oil drilling in Montana's Lewis and Clark Wilderness.
* Threatened to shut down the White House AIDS office.
* Decided to no longer seek guidance from the American Bar association
for federal judiciary appointments.
* Denied college financial aid to students convicted of misdemeanor drug
charges (though convicted murderers are still eligible for aid)
* Allocated only 3 percent of the amount requested by Justice Department
lawyers in the government's continues litigation against tobacco companies.
* Pushed through a tax cut, 43 percent of which goes to the wealthiest
1 percent of Americans.
* Signed a bill making it harder for poor and middle class Americans to
file for bankruptcy, even when facing overwhelming medical bills.
* Appointed affirmative action opponent Kay Cole James to direct the Office
of Personnel Management.
* Cut $15.7 million from programs dealing with child abuse and neglect.
* Proposed elimination of the "Reading Is Fundamental" program,
which gives free books to poor children.
* Pushed for development of "mini-nukes," designed to attack
deeply buried targets - a violation of the Comprehensive Test ban Treaty.
* Tried to reverse regulation protecting sixty million aces of national
forest from logging and road building.
* Appointed John Bolton, an opponent of nonproliferation treaties and
the United Nations, as Undersecretary of State for Arms Control and International
Security.
* Made Monsanto executive Linda Fisher deputy administrator of the Environmental
protection Agency.
* Nominated Michael McConnell, a leading critic of the separation of church
and state, to a federal judgeship.
* Nominated civil rights opponent Terrance Boyle to a federal judgeship.
* Cancelled the 2004 deadline for auto makers to develop high-mileage
cars.
* Named John Walters, an ardent opponent of prison drug treatment programs,
as drug czar.
* Appointed oil and coal lobbyist J. Steven Giles as Deputy Secretary
of the Interior.
* Named Bennett Raley, who has called for repeal of the Endangered Species
Act, as Assistant Secretary of the Interior for Water and Science.
* Sought dismissal of a class-action lawsuit files in the United States
against Japan by Asian women forced to work as sex slaves during World
War II.
* Appointed as solicitor general Ted Olson, chief lawyer for Bush in the
Florida voting debacle.
* Proposed to ease the federal permit process for constructing refineries,
nuclear facilities and hydroelectric dams, including environmental standards.
* Proposed selling of oil and gas tracts in the Alaska Wildlife Preserve.
* More than 8 million workers are unemployed, and minority and women workers
have been particularly hard hit. More than one million workers have exhausted
their federal unemployment benefits and cannot find work. The number of
workers unemployed for more than 15 weeks has increased almost 140% in
the last two years.
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Resolution to Support the U.S. Constitution
and the Bill of Rights
WHEREAS the City of Richmond has the most ethnically
diverse population in Contra Costa County, including citizens of
other nations, whose contributions to the community are vital to
its character and functions, and
WHEREAS, the United States Constitution and the Bill
of Rights guarantee to all persons living in the United States these
fundamental rights: freedom of religion, speech, assembly; protection
from unreasonable searches and seizures; due process and equal protection
to any person; equality before the law and the presumption of innocence;
access to counsel in judicial proceedings; and a fair, speedy and
public trial and
WHEREAS, the USA PATRIOT Act signed by George W. Bush
on October 26, 2001, has a number of provisions that undermine these
rights and fundamentally alter the nature of our civil liberties
and
WHEREAS examples of the provisions in the USA Patriot
Act and related Executive Orders that may violate our constitution
and the rights and civil liberties of Richmond residents are as
follows:
- Lowers the burden of proof required to conduct secret
searches and telephone and Internet surveillance;
- Significantly expands the government's ability to
access sensitive medical, mental health, financial and educational
records about individuals;
-Gives law enforcement agencies expanded authority
to obtain library records and prohibits librarians from informing
patrons of monitoring or information requests;
- Limits disclosure of public documents and records
under the Freedom of Information Act and;
- Gives the U.S. Attorney General and the U.S. Secretary
of State the power to designate domestic groups, including religious
and political organizations as "terrorist organizations";
- Grants power to the Attorney General to subject
citizens of other nations to indefinite detention or deportation
even if they have not committed a crime;
- Authorizes eavesdropping on confidential communications
between lawyers and their clients in federal custody;
WHEREAS Department of Justice interpretations of
the USA PATRIOT Act and these Executive Orders particularly target
Muslims, people of Middle Eastern and South Asian descent and citizens
of other nations and thereby encourages racial profiling by law
enforcement agencies and hate crimes by individuals in our community
and
WHEREAS Oakland, Berkeley and other cities across
the country have already passed resolutions opposing the USA PATRIOT
Act;
NOW THEREFORE BE IT RESOLVED that the City of Richmond
affirms its strong opposition to terrorism, but also affirms that
any efforts to end terrorism not be waged as the expense of the
fundamental civil rights and liberties of the people of Richmond
and the United States.
BE IT FURTHER RESOLVED that, to the extent possible,
no City employee or department shall officially assist in 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 by the U.S. Constitution
and the Bill of Rights.
BE IT FURTHER RESOLVED that the Richmond 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 cooperation with
investigations and conditions of employment.
BE IT FURTHER RESOLVED that the City of Richmond call
on our United States Senators and Representative to monitor the
implementation of the USA PATRIOT Act and Executive Orders and actively
work for the repeal of the Act and those Orders that violate fundamental
rights and liberties as stated in the U.S. Constitution and the
Bill of Rights.
BE IT FURTHER RESOLVED that copies of this resolution
be sent to the President of the United States, elected federal representatives,
the Governor of California and the United Nations High Commissioner
for Human Rights in Geneva, Switzerland.
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