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SAN ANTONIO, TEXAS
current as of July 1, 2004

Resolution concerning
the USA PATRIOT Act

WHEREAS, the mayor and members of the City Council of San Antonio, Texas are sworn to uphold, protect and defend the Constitution of the United States of America; and

WHEREAS, the United States of America and its state and local governments are obligated to protect the public from terrorist attacks but in so doing should ensure that any security measures enhance public safety without infringing on constitutional rights and civil liberties; and

WHEREAS, some provisions of the USA PATRIOT ACT (PL. 107-56), such as those listed below, as well as related Executive Orders and Directives, pose a threat to the constitutional rights and civil liberties of citizens, immigrants and international visitors:

  • Section 215 gives law enforcement authorities broad access to educational, medical, financial, sales and library records without probable cause.

  • Section 209 and 215 allow the FBI to search anybody's personal records, voice mail messages, book purchases or video rentals without probable cause.

  • Section 215 forbids anyone from letting the person who is the object of a USA PATRIOT ACT search know what the FBI is doing or has done.

  • Section 213 allows authorities to conduct secret "sneak and peak" searches of a person's home or business, take pictures and seize items without providing timely notice of the issuance of a warrant.

  • Sections 411 and 802 broadly expand the definition of terrorism so that domestic organizations which engage in certain types of civil disobedience could be labeled as terrorist.

  • Sections 201 and 216 permit government agents to monitor Internet traffic and e-mail communications without probable cause and requires judges to approve a wiretap without knowing who is to be tapped or where the tap is to be placed.

  • Section 806 allows the government to seize the assets of an individual or an organization without prior notice or hearing.

  • Sections 203 and 901 permit a vast array of information on U.S. citizens, immigrants and visitors to be gathered and shared with the C.I.A. and other non-law enforcement officials.

  • Section 412 permits indefinite incarceration of immigrants and other non-citizens on the basis of the U.S. Attorney General's certification that they fit within the broad definition of terrorist. This certification is based on the U.S. Attorney General's discretion alone, with very limited review; and
WHEREAS, the City Council believes that there is no inherent conflict between national security and the preservation of fundamental rights and liberties, and WHEREAS, the City Council wishes to join the hundreds of communities throughout the United States which have passed resolutions which support constitutional rights and liberties, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO:

That the following actions will be taken:

  • The San Antonio Police Department is to refrain from participating in the enforcement of federal immigration laws; and

  • The Library Director is to adopt privacy and record retention policies designed to protect the constitutional rights and liberties of library patrons; and

  • The City Manager is to collect and report to the City Council all instances of "sneak and peek" search warrants or electronic surveillance carried out in San Antonio under the authority of the USA PATRIOT ACT or related Executive Orders and Directives;

  • The City Manager is to remind all city officials and employees of their obligation to respect and uphold the constitutional rights and liberties of all residents, immigrants and visitors in the City of San Antonio; and

  • The City Manager is to remind all City officials and employees of their obligation to conduct their duties pursuant to the Constitution of the United States and state and local laws; and

  • The City Council is to urge all city officials and employees to oppose unconstitutional laws and orders that would violate the rights and liberties of residents, immigrants and visitors of San Antonio; and further
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO:

That the City COuncil urges the Congress of the United States

  • Not to extend those portions of the USA PATRIOT ACT which will automatically expire at the end of the year 2005, and to repeal those portions of the act which are permanent; and

  • To pass new legislation to prevent domestic terrorism while protecting the rights and liberties guaranteed under the Bill of Rights of the United States Constitution.

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