Roanoke Anti-Patriot Act Resolution

Roanoke Anti-Patriot Act Resolution

WHEREAS the Constitution of the United States is our charter of liberty and

enshrines fundamental rights of Americans, including the freedoms of

religion, speech, assembly, privacy and petitioning the government for a

redress of grievances; AND

WHEREAS each of Roanokes elected public servants has sworn to defend and

uphold the United States Constitution and the Constitution of Virginia; AND

WHEREAS an infringement of the constitutionally guaranteed rights of any

person, under the color of law, is an abuse of power, and a breach of the

public trust, a misappropriation of public resources, and is beyond the scope

of governmental authority; AND

WHEREAS Federal counter-terrorism policies adopted since September 11, 2001,

including provisions in the USA PATRIOT Act (Public Law 107-56), The Homeland

Security Act (Public Law 107-296), and related Executive Orders and

Department of Justice regulations and actions, have unlawfully authorized the

federal government to infringe upon fundamental liberties guaranteed by the

United States and Virginia Constitutions; AND

WHEREAS four states and 363 cities and counties from across the country have

enacted resolutions, speaking out against these government actions, demanding

accountability from local and federal government;

THEREFORE BE IT RESOLVED by The Roanoke City Council of Roanoke Virginia

that:

1. Roanoke affirms its strong opposition to terrorism, but also affirms

that any actions to end terrorism must not be waged at the expense of the

fundamental civil liberties, rights, and freedoms of the people of Virginia,

the United States, or the world;

2. Roanoke and its employees and instrumentalities shall continue to

preserve residents' freedom of speech, religion, assembly, and privacy; the

right to counsel and due process in judicial proceedings; and protection from

unreasonable searches and seizures; without regard to race, ethnicity,

national origin, religion, age, sexual orientation, gender, economic status,

marital status, citizenship status, or disability;

3. To the extent legally possible, no Roanoke resources, including law

enforcement funds and educational administrative resources, will be used for

unconstitutional activities in whatever manner or under whatever

circumstances they may be presented;

4. Roanoke urges our State Representatives and Senators, and United

States Representative and Senators to monitor the continuing implementation

of the USA PATRIOT Act, the Homeland Security Act, and related subsequent

legislation, executive orders, and Department of Justice regulations, and

actively work for the repeal of those provisions that are found to unlawfully

infringe on civil rights and liberties;

5. Any new security measures of Roanoke should be carefully designed and

employed to enhance public safety without infringing on the civil liberties

and rights of Roanoke citizens; AND

6. Copies of this resolution shall be sent to the President of the

United States; the Attorney General of the United States; the Secretary of

the Department of Homeland Security; the Governor of Virginia and to each

member of the Virginia delegation in Congress.

This Resolution will take effect immediately upon passage. The provisions of

this Resolution shall be severable, and if any portion is declared by a court

of competent jurisdiction to be contrary to the Constitutions of the United

States or Virginia, the validity of the remainder of this Resolution shall

not be affected thereby.