January 10, 2003
Civil rights worry prompts action
Ashland group writes resolution that would require notifications under U.S. Patriot Act
By JOHN DARLING
for the Mail Tribune
ASHLAND — Citizens concerned about potential civil rights violations under the Patriot Act are forging a resolution which would define how city employees may participate in such activities
— and would require them to be made public.
The proposal by the group, called the Ashland Patriots, will be introduced by City Council member Cate Hartzell at the council’s Jan. 21 meeting despite the opposition of Mayor Alan
DeBoer.
It would limit city employees’ activities in connection with surveillance, wiretapping, Internet snooping, unwarranted searches and detentions without due process.
"We have enough to do with pressing issues like affordable housing," said DeBoer. "We elect people to Congress to deal with federal issues, and we have courts and the ACLU
(American Civil Liberties Union) and other groups to handle civil liberties. This controversy will just divide the city and use up our precious time and resources."
Hartzell, however, said the resolution is a necessary tool to remind federal agencies and city workers about hard-won protections around privacy, freedom and due process.
Twenty-three other communities nationwide have passed similar laws since Congress in 2001 approved the anti-terrorism Patriot Act.
"It’s not symbolic," said Hartzell. "It specifies how we want our civil liberties protected in this community. There are fears about controversy, but we stand firm against
frivolous, unfounded witch hunts that many people fear will center around ethnic and cultural orientation."
The draft resolution:
Directs police to get written assurance from federal authorities that suspects detained in Ashland will get open hearings with counsel. Police would be prohibited from helping federal agents
without this assurance.
Requires "suspicion of criminal activity" before police investigate, surveill or gather information on individuals or groups based on political, religious or social views.
Tells police to disregard race, religion, ethnicity and national origin in investigations unless they are part of a suspect’s description.
Requires that police give suspects advance notice of searches and refrain from helping federal agents without that notice.
Requires that policerefrain from helping or encouraging citizens to "spy on their neighbors" under the Terrorism Information and Prevention System initiative.
The resolution asks schools, libraries and bookstores to notify residents if federal agencies have asked for information on them. It directs the city administrator to check annually with federal
agencies to learn about searches, arrests, arrests, surveillance of political or religious meetings, requests for educational or library records or electronic surveillance in Ashland.
Council member Don Laws, a retired Southern Oregon University political science professor, called the Patriot Act "abominable, ignorant, and probably unconstitutional," but said it
should be fought by contacting members of Congress and through national organizations.
"If the city is requiredto use AFN (Ashland Fiber Network, an Internet service provider) or other city resources to violate civil rights, then we will have specific cases about which to
object," said Laws in an e-mail message to constituents. "If the city took positions on every federal law or rule that in any way affects Ashland citizens, as citizens of the U.S., we
would never have time to oversee our local government."
There’s "not much chance" Ashland police would be asked to help investigate in ways that violated civil rights, Laws added, and if it did happen, "word would get around
fast."
Ashland’s police chief and staff would not act in ways that violated any citizen’s constitutional rights, said DeBoer.
But Hartzell said the threat of "big brother" activities is real, noting that, immediately after 9/11, federal agencies tried to obtain records of foreign SOU students. Environmental
groups, she added, can be considered terrorist organizations as defined by the U.S. Justice and State departments.
The city of Ashland, she said, has a record of actions in response to state and federal law, including the nuclear-free zone of the early ’80s and the recent living wage and minimum wage
ordinances.
The Ashland Patriots group, including representatives of Peace House, SOU student government, the Hispanic community, churches and other activists, expects unanimous support of the City Council,
once it hears the facts, said member Paul Copeland, a software consultant.
"We’re all justifiably scared about domestic terrorism, but we don’t feel that gives the federal government the right to overturn traditional freedoms of expression and
dissent," said Copeland. "It’s not about if these violations (of civil rights) happen; they are happening. Over a thousand Americans are detained now without counsel, and
we’re seeing roundups of mostly young males of Arab descent on campuses. We expect and demand unanimous passage of these protections by the council."
The Rev. Caren Caldwell of First Congregational Church, a member of the group, said the resolution is necessary because "we’re seeing people of color harassed and it’s troubling to
we who went through the civil rights movement to see these rights cut back in frightening ways. During a time of threat like this, people often are not aware of our heritage of civil
rights."
John Darling is a free-lance writer living in Ashland. E-mail him at jdarling@jeffnet.org.
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