RES 2003-28 PROTECT CIVIL RIGHT & LIBERTIESRESOLUTION NO. 2003-28
A RESOLUTION of the City of Bainbridge Island, Washington, to protect
the civil rights and liberties of the people of Bainbridge Island, Washington.
WHEREAS, the people of Bainbridge Island, Washington, are acutely aware that over 200 of our
neighbors of Japanese descent were forcibly removed from their homes and our community to be interned
in camps during World War II, thus denying them the civil liberties guaranteed by the State of Washington
and the Constitution of the United States of America;
WHEREAS, this process of denying constitutional rights to targeted citizens had a profound
impact on their lives, their livelihoods, and the peace and safety of all people of Bainbridge Island and our
community as a whole;
WHEREAS, the spirit and intent of our community is to never let the denial of constitutional
rights happen here again for law-abiding residents of any ethnicity or religion;
WHEREAS, the Bill of Rights of the United States Constitution and the Constitution of the State
of Washington ensure that every person has the right to freedom of speech and association. Every person
has the right to freedom of religion. Every person has the right to assembly and privacy. Every person has
the right to due process in judicial proceedings. Every person has the right to be free from unreasonable
search and seizure. Stops or arrests may not be made without establishing reasonable suspicion or probable
cause that a crime has been committed or is about to be committed. Every person has the right to equal
protection under the law and the right not to be deprived of life, liberty, or property without due process of
law;
WHEREAS, the people of Bainbridge Island, Washington, believe that the above-mentioned
constitutional guarantees are of the utmost importance, and there is strong evidence that these guarantees
are threatened by parts of the USA PATRIOT Act, related legislation, and Federal Executive orders;
WHEREAS, it is clear to the people of Bainbridge Island, Washington, that parts of the USA
PATRIOT Act and other related acts and legislation particularly target students, immigrants, naturalized
United States' citizens and foreign nations, but could affect any one of us in the United States who legally
acts and speaks against government policy; and that the Executive Order on secret military tribunals
undermines the US government's ability to denounce atrocities carried out in secret by military tribunals
elsewhere in the world;
WHEREAS, parts of these cited laws and acts were deemed as unnecessary by many law
enforcement officials for the prosecution of, and protection from, terrorism, and that a growing number of
cities throughout the country are passing similar resolutions;
NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Bainbridge
Island, Washington, makes the following resolutions as a manifestation of our history and a covenant for
our people's wish, desire, and need to defend their constitutionally protected rights to liberty, justice, and
the pursuit of happiness:
1. The City of Bainbridge Island has been and remains firmly committed to the protection of
civil rights and civil liberties for all people in our City, including those who are citizens of
other nations. We affirm this commitment to embody the spirit of democracy, to embrace and
defend human rights and civil liberties, to snake those liberties viable for all, regardless of
citizenship status, gender, racial identification, religious affiliation, age, sexual orientation, or
country of origin.
2. The City of Bainbridge Island affirms its strong opposition to those parts of the USA
PATRIOT Act, related legislation and acts, and to certain Justice Department directives and
executive orders that weaken or destroy our constitutional civil rights and liberties.
3. The City of Bainbridge Island calls upon all its citizens, residents, and community groups, to
join in affirming the principles as stated in the Bill of Rights and in the Constitution of the
State of Washington.
4. The City of Bainbridge Island directs City employees and departments to choose their legal
option to withhold cooperation in federal investigations, interrogations, or arrest procedures,
public or clandestine, that are in violation of individuals' civil rights or civil liberties as
specified in the Bill of Rights, an amendment to the United States Constitution, and in the
Constitution of Washington State.
5. The City of Bainbridge Island shall employ all possible leverage to ensure that Federal and
State law enforcement officials working within the city not engage, to the extent legally
permissible, in law enforcement activities that threaten the civil rights and civil liberties of
the people of Bainbridge Island, such as surveillance, wiretaps, and securing private
information, which the USA PATRIOT Act and related legislation and acts authorize. In
addition, no City of Bainbridge Island employee or department shall spy on or gather
information on religious or political meetings or rallies in the absence of substantiated
evidence that the organization is involved in terrorism or some other illegal activity.
6. The City of Bainbridge Island sends copies of this resolution to the President of the United
States, to local Congressional representatives, and to the United Nations High Commissioner
for Human rights in Geneva, Switzerland. Further, the City Council of Bainbridge Island
requests that our United States Congressional representatives monitor the implementation of
the USA PATRIOT Act and related legislation, acts, and executive orders, and actively work
for the repeal of the parts of those documents that violate fundamental rights and liberties as
stated in the Constitution of the United States and the Constitution of Washington, in the
United Nations Charter, and the ratified International Covenant on Civil and Political Rights,
the Convention Against torture, and the Convention on Elimination of Racial Discrimination.
PASSED by the City Council this 288'day of May, 2003.
APPROVED by the Mayor this 29" day of May, 2003.
FILED WITH THE CITY CLERK: May 28, 2003
PASSED BY THE CITY COUNCIL: May 28, 2003
RESOLUTION NO. 2003-28