A RESOLUTION BY THE CITY COUNCIL
OF THE CITY OF DURHAM
REGARDING THE PROTECTION OF CIVIL RIGHTS
AND CIVIL LIBERTIES
WHEREAS, the City of Durham is committed to
the human rights of its residents and to actions that preserve and protect
those rights; and
WHEREAS, the City of Durham is home to a
diverse population, including students, working people, and non-citizens, whose
contributions to the community are vital to its character and function; and
WHEREAS, the City of Durham is committed to
upholding the civil rights and civil liberties of all persons in Durham and
their free exercise and enjoyment of any and all rights and privileges secured
by the Constitutions and the laws of the United States and the State of North
Carolina; and
WHEREAS, actions taken by the federal
government, including the adoption of sections of the USA Patriot Act and
several Executive Orders, now threaten those fundamental rights and liberties,
including freedom of speech, assembly and privacy; the right to counsel and due
process in judicial proceedings; and protection from unreasonable searches and
seizures, all of which are guaranteed by the Constitutions of North Carolina
and the United States; and
WHEREAS, the Executive Branch of the United
States government has drafted a “Domestic Security Enhancement Act” (also known
as the “USA Patriot Act II”), which would further undermine those rights and
liberties by expanding the government’s surveillance authority; by allowing the
sharing of sensitive personal information with local and state law enforcement
agencies without consent or judicial process; and by authorizing secret arrests
and detentions of persons not criminally charged.
NOW, THEREFORE, the City Council of the City of Durham hereby resolves
that:
State and federal legislative delegations are encouraged to monitor the
implementation of the USA Patriot Act and the Executive Orders cited herein and
to work actively for the repeal of those portions of the Act and those Orders
that violate the rights and liberties guaranteed by the Constitutions of North
Carolina and the United States;
State and federal legislative delegations are encouraged to work
actively against adoption of the Domestic Security Enhancement Act cited herein
and against any legislation or Executive Order that would undermine residents’
fundamental rights and liberties;
Federal and state law enforcement officials acting within the City of
Durham are encouraged to work in accordance with the policies and procedures
of, and in cooperation with, local law enforcement and to not engage in racial
profiling or permit detentions without charges.
The City Clerk forward this resolution to state and federal legislative
delegations on behalf of the City of Durham and its residents.