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CounterPunch
October
16, 2002
Citizens Blast
Patriot Act
Madison Passes Civil Liberties Resolution
by MICHAEL LEON
Madison, Wisconsin. The USA Patriot act was signed into law on
October, 26 2001 in the wake of 9/11. Rushed through congressional
passage with almost no debate, this assault on freedom was approved
overwhelmingly in the House (356-66), with only one dissent in
the Senate (98-1)--Senator Russ Feingold (D-Wisconsin).
Communities are fighting back. In the
early hours of October 16, 2002 the Madison Common Council overwhelmingly
passed on a voice vote (17-2 with one alder abstaining) a resolution
to defend the Bill of Rights and Civil Liberties.
Madison joins several some 50 municipalities
across the nation that have either passed or are considering
similar resolutions to defend citizens against the encroachments
on liberty by the federal government. (see the Bill
of Rights Defense Committee)
Drafted by the Madison Area Peace Coalition
www.madpeace.org/) and local high school members of Students
for an Informed Response (www.informedstudents.org), the resolution
instructs City departments, including the police, not to engage
in profiling, random interviews, and reviews of of library, book
and video sales as the so-called War on Terrorism continues into
its first year, and calls for civil liberties for all citizens.
"Madison has a proud tradition of
upholding free speech and free association. We must continue
to protect these civil liberties. The Bush/Ashcroft team has
certainly created an atmosphere where civil rights are eroded
and where people cannot speak freely and associate freely according
to their political conscience," said alderman Mike Verveer.
"We want to prevent this encroachment here in Madison by
instructing various City departments to not adhere to the USA
Patriot Act to the extent possible."
A broad coalition of community member
banded together to support passage on the resolution, especially
young people. As reported in the Madison Independent Media Center
by John Quinlan (http://madison.indymedia.org/front.php3?article_id=7755&group=webcast),
high school students provided energy and political eloquence
in drafting the resolution, getting the issue before the Council
and helping to see the resolution through a last-minute revision
negotiated with the Mayor's office which also supported the resolution.
Representing Students for an Informed
Response, Madison West High School sophomore Sol Kelley-Jones
spoke at the Council meeting, saying: "We believe that our
cherished civil liberties are under attack through the implementation
of the USA Patriot Act. Passing this resolution will put our
city on record as standing firm in the defense of the U.S. Constitution.
"As young people gathered here tonight,
we understand that we need to do more than be passive observers
of history, because the decisions being made right now are our
future. We need to ask questions about our world, to critique
what the government and the media tell us, to become a part of
the political debate, whether at school or in our community....Since
the tragic events of September 11th, our treasured freedom has
come under attack--not from terrorists, but from our own leaders
in the Congress and the White House. Laws like the USA Patriot
Act were passed in the name of freedom, but what they really
do is take away our freedom to fully participate in our nation's
democracy.
"...Our government wants to scare
youth away from our constitutional right to protest. The Patriot
Act means government surveillance of our school, library and
Internet activities without our even being told. Even reading
certain books or researching certain topics, both constitutionally
protected activities, are now grounds for criminal investigation.
For many of you in this room who were active in the civil rights
movement of the '60s, you've been down a similar road before,
and for my generation it's a road we don't want to go down again.
Further, the Patriot Act is causing an escalation of racial injustice
and creates a climate of 'us' vs. 'them.' Groups who have already
faced systematic oppression in our country are being furthered
exiled today. This kind of injustice is against everything Madison
stands for.
"As we gather tonight, across the
generations, we understand the importance of our activism to
protect our rights, because if democracy is weakened, it won't
be because of terrorists.... It will be because we stood by and
let it happen. Now more than ever, our voices of courage can
make a difference. In passing The Defend the Bill of Rights and
Civil Liberties Resolution tonight you will be reaffirming our
city's commitment to the founding principles of this great nation.
And together we can bring the heart and soul back to democracy."
Andy Janssen, a long-time Madison political
activist, said, "Since September 11th I have been angered
by the outright contradictions in the Bush administration. While
they claim to be fighting for freedom, our civil liberties are
being abridged in the name of U.S. security. I am proud of the
Madison City Council in taking a stand against the so called
Patriot Act and fighting to restore the very freedoms Bush and
Company want to take away. I am especially proud of our young
people for leading on this."
The resolution reads in part:
"...IT IS THEREFORE RESOLVED that
the City of Madison remains firmly committed to the protection
of civil rights and civil liberties for all people. The City
of Madison will completely avoid discrimination in every function
of city government, and vigorously uphold the constitutionally
protected rights of all persons to peacefully protest and express
their political views without any form of governmental interference.
IT IS FURTHER RESOLVED that the City
of Madison joins communities across the nation in expressing
concern that the USA Patriot Act threatens civil rights and liberties
guaranteed under the United States Constitution.
IT IS FURTHER RESOLVED, and is the policy
of the City of Madison, to forbid in the absence of probable
cause of criminal activity:
1.any initiation of, participation
in, assistance or cooperation with any inquiry, investigation,
surveillance or detention; and 2.the recording, filing and
sharing of any intelligence information concerning any person
or organization, even if authorized by federal law enforcement,
acting under new powers granted by the USA Patriot Act or
Executive Orders. This includes collection and review of library
lending and research records, as well as book and video store
sales and/or rental records; and 3.the retention of intelligence
information. Information that is currently held shall be thoroughly
and carefully reviewed by the City Attorney or other appropriate
City official to be designated by the Mayor, for its legality
and appropriateness, using the United States and Wisconsin Constitutions.
Any information that was collected is permanently disposed
of if there is no probable cause of criminal activity; and
4.enforcement of immigration matters, which are entirely the
responsibility of the Immigration and Naturalization Service.
No city service will be denied on the basis of citizenship;
and 5.profiling based on race, ethnicity, citizenship, religion,
or political values.
IT IS FURTHER RESOLVED that any state
or federal law enforcement agencies working within the City of
Madison comply with the policies and procedures of the Madison
Police Department, and regularly report to the Mayor the extent
and manner in which they have acted under the USA Patriot Act
or new Executive Orders. This includes the names of any detainees
held in the Madison area, or any Madison residents detained elsewhere.
The Mayor will then publicly report to the Common Council.
IT IS FURTHER RESOLVED that the City
Clerk communicate this resolution to all city departments, the
Governor and Attorney General of the State of Wisconsin, the
President and Attorney General of the United States of America
and to call upon our congressional representatives to actively
work to repeal the USA Patriot Act."
For a draft of the resolution see the
Madison Common
Council website after October 16.
Michael Leon
is a writer living in Fitchburg, Wisconsin. His writing has appeared
nationally in The Progressive, In These Times, and CounterPunch.
He can be reached at: maleon@terracom.net
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