Reginald Fentress' Safe and Free Resolution

Reginald Fentress is a cadidate for County Commission District 2 Seat 2. One of the planks of his campaign platform is opposition to the Patriot Act because of the infringement of civil rights of the citizens of Shelby County. Here is the resolution:

The Safe and Free Resolution



WHEREAS the Shelby County Commission affirms its willingness to uphold the Constitution of the United States of America and the Bill of Rights; and



WHEREAS the preservation of civil liberties is essential for maintaining a democratic society; and



WHEREAS Shelby County has a diverse and multi-ethnic population and every day embraces the richness of a community that includes immigrants, whose contributions to Shelby County enrich it economically and culturally, and maintain the vital fabric of its civic character; and



WHEREAS the Commission is proud of the cooperation between municipal, county, state, and federal law enforcement agencies to protect the lives and well-being of the people of Shelby County; and



WHEREAS the actions of governments to protect the public from terrorist attacks, such as those carried out on September 11, 2001, must be carried out in a rational and deliberate fashion to ensure that any new security measure intended to enhance public safety neither impairs nor infringes constitutional rights and civil liberties; and



WHEREAS the nation’s need to respond to the attacks of September 11, 2001 and all future attacks of terrorism do not diminish the covenant that exists between government and citizen to preserve the Constitutional rights and civil liberties that have made this nation great; and



WHEREAS the Shelby County Commission believes that the people of County can be both safe and free, and that national security and civil liberties need not be in conflict; and



WHEREAS the federal laws, regulations, policies, and practices adopted since September 11, 2001:



Authorize the suspension of Habeas Corpus, allowing non-citizens to be incarcerated indefinitely without being charged with a crime, denying them both the right to legal counsel and the right to mount a defense by invoking a vague “enemy combatant” policy or declaring them to be “material witnesses”;
Limit the traditional oversight granted to the courts to curb the abuse of law enforcement tools such as electronic surveillance;
Limit the judicial oversight of “sneak and peek” searches and eliminate timely notice to the person whose property has been searched;
Grant broad governmental access to personal medical, financial, and educational records with no judicial oversight
Inhibit free speech and free association by defining any person or group as a “terrorist” or “disruptor”, without articulating the basis for such a characterization or allowing the subject(s) a right to be heard;
Encourage local and state law enforcement agencies to enforce federal immigration laws as a pretext for the detention of and the denial of due process to persons who are not reasonably suspected of criminal behavior; and
Permit government surveillance of public meetings, including religious services, internet chat rooms, holiday gatherings, and political rallies without judicial oversight.


NOW, THEREFORE, BE IT RESOLVED BY THE SHELBY COUNTY COMMISSION:



That the Commission:



Affirms its strong support for fundamental constitutional rights and its opposition to federal measures that infringe on civil liberties;
Affirms its strong and unwavering support for the rights of immigrants and opposes measures that single out individuals for legal scrutiny or law enforcement activity based solely on their country of origin;
Asks the Department of Police to ensure that it protects the constitutional rights of residents of Shelby County and that it maintains a relationship of trust with those it is sworn to serve and protect;
Directs public libraries in Shelby County to promote unfettered access to information, which is the collective heritage of humanity and a fundamental human right, and to protect freedom of inquiry, universally recognized as a driving force for the progress of civilization itself, by:
a) Posting this notice to library users: “WARNING: Under the federal USA PATRIOT Act, Public Law 107-56, records of your internet use may be requested or obtained by federal agents. Questions about this policy should be directed to: Attorney General Alberto Gonzales, US Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530-0001, 202-353-1555, ASKDOJ@usdoj.gov “; and
b)Ensuring that there is regular destruction or deletion of records that identify a book borrower after the book is returned or identify the name of an internet user after use;
Directs the County Mayor to ensure that, to the extent legally possible, no county or municipal resources, including, but not limited to law enforcement funds and thereby man hours, or administrative resources, may be used for unconstitutional activities, including but not limited to monitoring the exercise of political or religious groups of their First Amendment rights to free expression, association, assembly, or petition or obtaining library, bookstore, or internet activity records without proper authorization or without notice to the subjects of the searches and;
Directs the County Clerk to:
a) Send a copy of this resolution to Tennessee Governor Phil Bredesen with a letter urging him to ensure that state anti-terrorism laws and policies be implemented in a manner consistent with the Bill of Rights that does not infringe on personal rights, civil liberties, and due process; and
b) Send copies of this resolution to Senators Lamar Alexander and Bill Frist, and Congressmen Harold Ford Jr. and John Tanner, and Congresswoman Marsha Blackburn, with a letter asking that these resolutions be read into the record, on the floor, urging Congress to assess the impact of the USA PATRIOT Act and federal anti-terrorism efforts and to work to repeal provisions of USA PATRIOT and other laws, regulations, policies, and practices that infringe upon the personal rights, liberties, and due process as guaranteed by the Bill of Rights.




BE IT FURTHER RESOLVED:



That the provisions of this resolution shall be severable, and if any phrase, clause, sentence, or provision of this resolution is declared in a court of competent jurisdiction to be contrary to the Constitutions of the United States or of the State of Tennessee, the validity of the remainder of this resolution shall not be affected thereby.