Resolution of the Montclair Township Council to Protest the Eroding of Civil Liberties Under and Petition the Federal Government to Repeal the USA Patriot Act (Public Law 107-56)
WHEREAS, the Township of Montclair is proud of its tradition of protecting the civil and liberties of its residents, including immigrants and students, 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 without impairing constitutional rights or infringing on civil liberties; and
WHEREAS, government security measures that undermine fundamental rights damage American institutions and values that the residents of the Township of Montclair hold dear; and
WHEREAS, even though the Patriot Act has in some cases made our country safer by breaking down the barriers between intelligence gathering and law enforcement , a position advocated by all members of the 9-11 Commission, the Township Council believes that many provisions adopted in the USA PATRIOT Act (Public Law 107-56) may threaten fundamental rights and liberties; and
WHEREAS, these new provisions pose, in particular, threats to the civil rights and liberties of the residents of Montclair who are Muslim, or who are of Arab or South Asian descent; now therefore
BE IT RESOLVED THAT THE COUNCIL OF THE TOWNSHIP OF MONTCLAIR:
1. AFFIRMS its strong support for fundamental constitutional rights and its opposition to federal measures that infringe on civil liberties;
2. AFFIRMS its strong support for the civil rights of immigrants and opposes measures that single out any individuals for legal scrutiny or enforcement activity based solely on their country of origin;
3. URGES the Police Department of the Township of Montclair, to the extent permitted by law, to consider refraining from participating in the enforcement of federal immigration and anti-terrorism laws and policies to the extent such laws or policies may violate the civil rights and liberties of individuals;
4. URGES public schools and institutions of higher learning located within the Township of Montclair to provide notice to individuals whose education records have been obtained by law enforcement agents pursuant to section 507 of the USA PATRIOT Act;
5. URGES public libraries located within the Township of Montclair to post the following notice in a prominent place: “WARNING: Under Section 215 of the USA PATRIOT Act (Public Law 107-56), records of the books and other materials you borrow from this library may be obtained by federal agents and federal law prohibits librarians from informing you if records about you have been obtained by federal agents;
6. URGES all public libraries located within the Township of Montclair to have a policy that ensures the regular destruction of records that identify the name of the book borrower after the book is returned, or that identify the name of the Internet user after completion of Internet use;
7. DIRECTS the Township Manager to assess of the effect of the Patriot Act on the residents of the Township of Montclair and to report to the Township Council and the public a summary of the information obtained.
8. URGES all members of New Jersey’s Congressional delegation to:
• work to repeal the USA PATRIOT Act and other laws and regulations that infringe on civil rights and liberties
• take a lead in Congressional action to prohibit passage of the Domestic Security Enhancement Act, known as "Patriot II," and any similar legislation
• monitor federal anti-terrorism tactics;
9. URGES Governor McGreevey and the members of the New Jersey Legislature to ensure that state anti-terrorism laws and policies be implemented in a manner that does not infringe on civil rights and liberties. |
