Longmont Citzens for Justice and Democracy

Longmont's Bill of Rights Defense Committee

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - Benjamin Franklin, 1759

This is a revised proposal. It has been endorsed by Mary Keenan, the Boulder County District Attorney.

Proposed Resolution

Resolution of the City of Longmont
Defending the U. S. and Colorado Constitutions' Bills of Rights
and the Civil Rights of Longmont Residents

WHEREAS, in response to the attacks on the United States of America on September 11, 2001, the United States Congress passed the USA PATRIOT Act (PL107-56), which was signed into law on October 26, 2001; and

WHEREAS, many residents of Longmont and other communities across the nation are concerned that certain provisions in the USA PATRIOT Act and associated executive and judicial orders and rules may affect our civil rights and liberties; and

WHEREAS, the USA PATRIOT Act and associated orders and rules of the executive and judicial branches may be used to focus on foreign nationals, people of color and people of Middle Eastern and South Asian descent, and may affect the rights of any U.S. citizen acting and speaking legally in opposition to government policy; and

WHEREAS, the City of Longmont's resident population includes foreign nationals, people of Hispanic, Middle Eastern and South Asian descent, who may be affected under the USA PATRIOT Act; and

WHEREAS, the policy of the Longmont Police Department is that officers shall not consider race, ethnicity, ancestry, national origin, color, age, sex, marital status, sexual orientation, gender variance, physical or mental disability, or religion as a sole basis for establishing reasonable suspicion, probable cause, or a basis for requesting consent to search; and

WHEREAS, the policy of the Longmont Police Department is further that all detentions or stops must be supported by reasonable suspicion that a crime has been committed or is about to be committed, and that all arrests and searches of person and/or property must be conducted in compliance with the Fourth Amendment of the United States Constitution; and

WHEREAS, the City of Longmont is committed to protecting and upholding the civil rights and liberties of all persons in Longmont, as expressed in the United States Constitution and the Colorado State Constitution, Article II, Sections 3,4,6,7,10,16,23, 24, 25 and 27.

NOW THEREFORE, BE IT RESOLVED that the City of Longmont affirms its commitment to the protection of the civil rights and liberties granted to all of its residents - U.S. citizens and citizens of other nations alike - in accordance with the United States Constitution and the Constitution of the State of Colorado; and

BE IT FURTHER RESOLVED that the City of Longmont encourages the Longmont Police Department to continue in its policies of respecting and protecting freedom of speech, religion, assembly and privacy, prohibiting unreasonable searches and seizures, and guaranteeing the right to counsel and due process in judicial proceedings; and

BE IT FURTHER RESOLVED that the City of Longmont requests that the State of Colorado's Congressional delegation monitor the implementation of the USA PATRIOT Act and the associated orders and rules of the executive and judicial branches.