City compromises on Patriot Act

Tuesday, October 7, 2003

BY ED FINNERTY
KALAMAZOO GAZETTE

The city of Kalamazoo affirmed support for civil liberties but deferred to the courts on constitutional questions about the USA Patriot Act in a resolution adopted Monday.

Months of debate over whether the city should weigh in on the controversial federal anti-terrorism law were capped with the City Commission voting 5-2 for a resolution hashed out in private by city administrators and representatives of the citizen Task Force for Defense of the Bill of Rights.

"I would like to see a stronger resolution, but I think this resolution strikes the right balance," Commissioner Don Cooney said.

The task force, led by the American Civil Liberties Union, began urging city officials in April to call for revocation of portions of the USA Patriot Act, adopted shortly after the Sept. 11, 2001, terror attacks. It proposed that the city voice "grave concerns" over broadened search, surveillance and other powers given to the government and refuse to cooperate in investigations deemed to violate people's civil rights and liberties.

City administrators and some commission members balked, however, and delayed action to consider a compromise. The "Community Resolution to Protect Civil Liberties" adopted Monday affirms strong support for rights and liberties guaranteed by the state and federal constitutions, but says the city will not withhold cooperation in federal investigations unless those activities are declared unconstitutional by the courts.

It urges members of Michigan's congressional delegation to work to amend sections of the Patriot Act found to violate constitutional rights.

"What I like about this particular resolution is, we keep saying we are going to listen to the courts," Vice Mayor Hannah McKinney said. "When and if things are found unconstitutional, then the city will respond to that."

McKinney, Cooney, Mayor Robert Jones and commissioners Sean McCann and Linda Teeter voted for the resolution. Commissioners Al Heilman and Mary Balkema opposed it.

Balkema, a bank financial consultant, said banks are "virtual partners" with the federal government under Patriot Act requirements to provide information and that she opposed the resolution on those grounds.

Heilman called it a "warm and fuzzy" resolution that states little about the Patriot Act. He said he didn't want Kalamazoo grouped with other communities across the country that have come out strongly against the federal law.

Jim Rodbard, president of the Southwest Michigan Chapter of the American Civil Liberties Union, said 182 communities in 32 states have passed resolutions expressing concerns with the Patriot Act. Kalamazoo's resolution, he said, "contains the right statement of this community's ... concern for all people."

Ed Finnerty can be reached at 388-8551 or efinnerty@kalamazoogazette.com.

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