Council stands up to Patriot Act

By Myles Murphy
Ashland Daily Tidings

City of Ashland leaders are willing to buck federal law to safeguard residents' civil liberties.

Supporters of Ashland's new civil liberties protection resolution cheer at council's approval. The overflow crowd was forced to line the walls and sit on the floor. Ashland Daily Tidings/MYLES MURPHY

Under a resolution passed unanimously Tuesday by the Ashland City Council, Ashland police are directed to consider resident's civil liberties before, during and after any cooperation with federal or state authorities acting under the USA Patriot Act.

"This is one of the strongest (anti-Patriot Act resolutions) passed anywhere in the country," said Paul Copeland of the Ashland Patriots - the group which created the resolution. "We have reason to be concerned what happens when you give the government too much power.

"We've done something in Ashland that will be a model for other cities," he added.

The proposed ordinance seeks to:

• ensure people who are arrested have access to legal counsel;

• limit the collection of surveillance information on individuals or groups unless related to criminal investigation;

• eliminate targeting of people based on race, religion, ethnicity, national origin or other attributes;

• require notice be given before executing a search warrant in the city;

• keep police from participating in "any federal clandestine program … which encourages" people to spy on their neighbors

The resolution also directs the city administrator to request annual reports from the government on any information on Patriot Act-related activities, including the names of residents arrested by federal authorities, the number of search warrants executed, extent of electronic surveillance, the extent to which political or religious meetings are monitored, and the number of times school, library or bookstore records have been scrutinized in the city.

The 50 audience seats in the council chamber were full - some with more than one person - and another 30 or 40 people lined the walls and sat on the floor. Around two dozen watched the proceedings on television in the lobby outside the meeting room.

After each anti-Patriot Act speaker said their piece, the room erupted with applause, hoots and the waving of arms.

"I do enjoy the energy, but we got to keep moving it along," Mayor Alan DeBoer said, asking the crowd to show more restraint - a request which was summarily ignored.

About 15 Ashland residents spoke in favor of the ordinance, and only two were opposed to its approval.

"The Patriot Act is federal law, I don't' feel it's the duty of the Ashland City Council to direct the police department not to participate (with federal authorities under the Patriot Act)," Paul Mensch said.

Ron Tracy was concerned undermining the Patriot Act would threaten resident safety.

"I feel the Patriot Act is a short-term Band-Aid that does protect us," Tracy said. "It's important (law enforcement agencies) all work together."

But the overwhelming majority pushed for approval of the resolution.

"All politics are local - we know that," Ashlander Fred Caruso said. "Let's keep our civil liberties intact. Let's just stop the hysteria."

Bill Ashworth, host father of a foreign Southern Oregon University student, had a very personal stake in the passage of the resolution.

"She can be treated just about any way they choose to. She can be picked up and deported to her country without cause," Ashworth said. "She's afraid to go home because she's afraid she won't be allowed back."

"I don't think this is what we want to show (visiting students)," he added.

Ralph Temple, an Ashland resident and former Washington, D.C.-based American Civil Liberties Union legal director, warned of the erosion of people's rights under the Patriot Act and the Bush administration, urging passage of the city resolution.

"The Federal government has fallen into the hands of zealots," Temple said.

City Attorney Paul Nolte had prepared two versions of an ordinance first crafted by the Ashland Patriots. The second, shorter alternative dropped much of the original language explaining why the Patriot Act might threaten civil liberties.

Fellow members allowed Councilor Cate Hartzell, who has worked closely with the Ashland Patriots throughout the process, to make the motion to approve. She chose to put forward the longer version, which contains more language explaining why the resolution is needed.

Councilor John Morrison agreed with the choice, saying "It makes a stronger statement."

The motion was supported by the entire council, but opposed by DeBoer, who favored the shorter version and asked for alterations to allow law enforcement greater freedom in serving search warrants.

Upon approval, the entire audience burst into applause and cheers, giving the Ashland Patriots and the council an extended, exuberant, standing ovation.

"I'm extremely proud of our citizens," Councilor Don Laws said. "I'm really pleased that this whole thing has been brought up."