Council
objects to parts of Patriot Act
Village Council approved
Monday a resolution asking the community’s Congressional representatives
“to actively work for the repeal” of portions of the federal
Patriot Act that “violate fundamental rights and liberties”
granted by the state and federal Constitutions.
The resolution also
says that Village administrators will inform Council when Village staff
are involved in enforcing provisions of the Patriot Act or when the law
is enforced within Yellow Springs. When this happens, the resolution says,
Council may determine what action it could take “to preserve the
rights” of Yellow Springs citizens.
Council said that
it is taking these positions in accordance to “the spirit and history
of our community.”
Council unanimously
approved the resolution at its meeting Nov. 3. Many of the more than 40
people at the meeting broke out in applause after Council passed the vote.
The Patriot Act has
come under fire since the U.S. Congress approved it after the Sept. 11,
2001, terrorist attacks. Opponents of the law say that it infringes upon
basic rights granted by the U.S. Constitution by expanding the powers
of law enforcement agencies.
Council president
Tony Arnett proposed the measure as a compromise with a draft resolution
that the Village Human Relations Commission asked Council to approve last
month. While Arnett said that he was “totally in support”
of Council objecting to laws that contradict the U.S. and Ohio Constitutions,
he said that he was “very uncomfortable” with the Village
saying that it would disobey the law, as the HRC’s proposal stated.
The HRC’s proposal,
for instance, said that local law enforcement officials would preserve
local residents’ rights “even if requested or authorized to
infringe upon these rights” by federal officials acting through
powers granted to them in the Patriot Act.
As part of his compromise,
Arnett said that Council would send letters to Senators Mike DeWine and
George Voinovich and Representative David Hobson requesting support for
repealing parts of the Patriot Act. A draft copy of the letter says that
Council is concerned that the law would “override fundamental provisions
of the Bill of Rights,” including freedom of speech, religion, assembly
and privacy; the right to counsel and due process; and protection from
unreasonable search and seizure.
He said that he would
put a copy of the letter as well as the addresses of Yellow Springs’
congressional representatives on the Village’s Web site, www.yso.com.
Denise Swinger, who
serves as Council’s representative on the Human Relations Commission,
said that more than 205 communities have passed similar resolutions criticizing
the Patriot Act.
Though they voted
for Arnett’s resolution, Council members Mary Alexander and George
Pitstick both initially said that a large number of letters sent by local
residents would have more impact on Congress than one resolution approved
by the five-member Village Council.
Most of the audience
members who spoke during the discussion on the resolution urged Council
to approve Arnett’s compromise. Dimi Reber said that while a resolution
expressing dissent is symbolic, it is nonetheless “significant”
if it is approved by the Village government.
Ellis Jacobs, who
is an attorney, pointed out that Council and local police officers take
an oath swearing to uphold the Constitution, and, he told Council, “as
public servants you have a special duty to step up and speak out.”
Bob Baldwin expressed
some reservation when he said that “it’s too easy here in
this isolated hamlet to take actions” like Arnett’s proposal.
He said that the community might feel differently if it was closer to
the random violence plaguing parts of the world.
—Robert
Mihalek
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