By Bob Hoffman

The USA Patriot Act of 2001 has already affected many lives in the United States. Some directly, as a result of invasive government policies wherein agents secretly seek records, detain people without legal representation and arrest people without charging them with a crime, etc. Others have been affected by realizing that the government is bent on demolishing the civil liberties and freedoms of those who live in the United States.

The recognition of Patriot Act abuse is becoming a wake-up call in America.

Over 149 cities and 3 states have awakened and said they will not comply with many of the provisions of the Patriot Act even if authorized by a legal authority. Recently Congress has begun to withdraw some of the provisions of the Patriot Act that it passed in 2001.

Just prior to July 21, 2003, the GOP delegates of the 57th district to the Virginia State Legislature submitted a Resolution to the City Council of Charlottesville asking them to NOT comply with the Patriot Act. Then the Charlottesville Democratic Committee asked the City Council to not comply with the Patriot Act. In addition, the Patriot Act Committee of the Charlottesville Center for Peace and Justice submitted a Resolution to the City Council members asking them to not comply and to pass an Ordinance enforcing the Resolution. . On July 21, 2003 the City Council passed a Resolution wherein they agreed (4-1) to not comply with the Patriot Act even if legally authorized. The discussion by members of the City Council included a recognition of the need for an Ordinance. On August 11,2003, the Charlottesville Center for Peace and Justice submitted a proposed ordinance and a written discussion to persuade the City Council to adopt the Ordinance.

“Subject of Interest”

How does a federal agent get legal authorization to abuse your civil liberties and deny your right to freedom from government intrusion? And how can a City Council Ordinance help to protect your freedom and civil rights?

The USA Patriot Act enables President Bush or Attorney General John Ashcroft to designate almost anyone a “terrorist”. Under the Patriot Act, such a designation needs no evidence and no probable causes, just mere suspicion or dislike. Once that description is applied to you or any organization, whether warranted or not, you are then a “subject of interest”. A “subject of interest” can be searched without a warrant or notification as formerly required by the Bill of Rights. A “subject of interest” can have financial, health and purchase records seized and used by the government in any way it sees fit. Before the Patriot Act, the government needed to “show cause” for any seizures. Also, as a “subject of interest” , you can now be detained indefinitely without due process whereas formerly, you were entitled to be represented by a lawyer. These and other abuses permitted under the USA Patriot Act are making people very nervous.

Civil Liberties Protection Act

On July 21st the City council passed “A Resolution Opposing the USA Patriot Act” which “requests that local law enforcement continue to preserve the residents’ freedom of speech, religion, assembly; the right to counsel and due process in judicial proceedings; and protection from unreasonable search and seizure, even if requested or authorized (emphasis added) to infringe upon these rights by federal law enforcement agents acting under new powers granted by the USA PATRIOT Act or Orders of the Executive Branch”. The intent of the Resolution is clear but to be effective it needs to be enforced. The Charlottesville Center for Peace and Justice (CCPJ) offered an Ordinance to the Council which enumerates the procedures whereby the civil liberties of Charlottesville residents are protected. The CCPJ Ordinance states the following: the Ordinance entitled the “Charlottesville Civil Liberties Protection Act” requires that City employees, who receive a request for information or other assistance from a federal agent, seek legal advice before complying. The Ordinance requires a board of three lawyers who are experts in the field of criminal investigation to provide this advice. The job of the board will be to review federal requests for information or assistance to insure that they comply with Constitutional standards and that they do not violate the civil liberties of people in this community. If the request does not meet the standards for protection under the Bill of Rights the employee is ordered by the board to not comply. The City Council indemnifies the employee from prosecution by the Federal government. However, a penalty is imposed on any city employee who does not comply with this Ordinance.

Congress

Of course, the Federal government can by-pass the local employee through clandestine behavior. The Congress of the United States is aware of this and is currently considering at least 8 bills to make it illegal for federal agents to engage in behavior that abuses people’s civil rights. The following list of bills currently being considered is evidence of the scope of their concern.

Freedom to Read Protection Act Bill Number: H.R. 1157
Surveillance Oversight and Disclosure Act of 2003 Bill Number: H.R. 2429
Citizens' Protection in Federal Databases Act of 2003 Bill Number: S.1484
Domestic Surveillance Oversight Act of 2003 Bill Number: S. 436
Library, Bookseller, and Personal Records Privacy Act Bill Number: To be determined
The Protecting the Rights of Individuals Act Bill Number: S.1552
Block Funding for Terrorism Information Awareness Passed Senate

Amendment barring funding for “sneak and peek” searches Passed House

What you can do

Write or call your Congressperson to repeal the USA Patriot Act and restore the Bill of Rights.

Also write or call the City Council to encourage them to pass an Ordinance to protect your Civil Liberties.

The Patriot Act Committee of the Charlottesville Center for Peace and Justice is prepared to speak at local organizations about the dangers and what can be done to remedy the dangers of the Patriot Act. If you are interested please call 434 961 6278.

The members of the Patriot Act Committee of the Charlottesville Center for Peace and Justice are Sue Chase, Bob Hoffman, Surya Lipscomb, Randy Lisle, Alexandra McGee, and Liston Tatum. Our Consultant for the Ordinance was Ed Wayland, Esq.

For details on pending legislation see www.bordc.org [1]