MAC attacks Patriot Act
By Kelly Feser Eells

The first item of business on the Ojai Valley Municipal Advisory Council's agenda Monday night was a familiar one: the proposed adoption of a civic resolution "reaffirming the commitment to civil liberties and the Bill of Rights."

Last July, a group of concerned citizens led by former Ojai resident Carol Grier was unsuccessful in its efforts to persuade the city of Ojai to adopt the resolution, which is modeled after - and nearly identical to - a declaration drafted and adopted by the state of Hawaii in "defiance of the Patriot Act." With two council members opposed and two in favor (and one absent), the motion to support and/or adopt the resolution died.

Ojai resident Sue Broidy, who, as Executive Officer Steve Offerman noted in his introduction of the item for discussion, "is picking up where Carol Grier (who'd submitted the resolution for the MAC's consideration last month) left off," recalled her disappointment. "Unfortunately, our City Council chose not to adopt the resolution because one of its members had not yet read the act. Well, I'm ashamed to say that I haven't either. But I've trusted the ACLU summaries of it, and the many, many media outlets and Internet articles."

Broidy added that, while the Patriot Act is complex and extremely wordy ("and I don't know how much time you have to spend on it tonight), I'd be happy to spell out the changes to our civil rights and the Constitution that it egregiously changes in the name of hunting terrorists."

Pointing to an Associated Press report entitled "Overview of Changes to Legal Rights in the Patriot Act," she said, "It's been an interesting experience for me, as a relatively new citizen to this country, recognizing that the things I came for - things that didn't exist in the United Kingdom - were (now) under threat here. I mean, we didn't have a Bill of Rights in England. But here I am in the 'Land of the Free,' and I find that things are being whittled away."

Broidy was especially concerned with what she described as the "sneak-and-peek" provision, "being followed by (presidential candidate) Dennis Kucinich," and such issues as the "unconstitutional authorization of the federal government," via its adoption of the Patriot Act, to infringe on such fundamental liberties as protection against unreasonable searches and seizures.

"I would very much like you to adopt this Resolution; even though you may think it's a Federal issueit's not. It's a grassroots issue, spreading throughout the country, as people are becoming aware of the implications of the Patriot Act. And now we have the Attorney General going around the country promoting the Act, preparing people for Patriot Act II. Which has even more egregious elements in it!"

Council member Ray King asked Broidy to please explain more about the "sneak-and-peek" provision.

"It's probably got most to do with the way the government may search and seize," she replied." I believe it allows them to infringe more on our protection from unreasonable search and seizure, to do so without someone being charged."

Councilman Alan Saltzman said that, while "I'm sympathetic with your presentation, most of this resolution is very vague and there's only one thing on here that is clearly offensive, and that's eavesdropping on confidential communications between lawyers and their clients. But most resolutions are very vague and too, well, unnecessary - besides," he added, "you haven't provided (us) with a copy of the Act, and we do need it" to review.

Saltzman further explained that, "most of these items, well, you don't need a resolution for these things. Like using state or county resources on unconstitutional activities - you don't need a resolution for that. It's probably illegal to use county resources for unconstitutional activities anyway. You're not adding to existing law (here.)"

Bristling, he added, "and this part here about law enforcement providing 'proper notification' when investigating a crime, well, it seems to me you don't want to tell the person you're investigating them (in some cases.) It kind of defeats the purpose. Every lawyer in this county and this state can issue a subpoena. Even though I'm strongly biased against the Patriot Act, from what little I know about it, this resolution doesn't reach the real issues."

Council chairman Jim Perkins called on Casitas Springs resident Steve Durfee, who said, "you may recall that, right after Sept. 11, that horrible day, there were something like 1,100 people rounded up and held for over a year. And all because they had Arabic names and because of the color of their skin."

Durfee added, "And, despite repeated legitimate requests from the Congress if the United States for the names of these people, this was denied over and over and over again. We're not talking about legitimate drug busts" or the like. "We're talking about the difference between a government that rules by the Bill of Rights or a govern net that doesn't."

Councilman Russ Baggerly said, "I understand what you're saying, and I understand what Alan (Saltzman's) saying. And I do have sympathy for these issues. But I, too, would like to see the Act - and the issues - clearly laid out. And the issues are not clear in this Resolution.

King agreed that "this is kind of a weak resolutionalthough it does seem to clear that (the Patriot Act) is an attempt to ratchet away the intentions laid out in the Bill of Rights. King noted that, "though this is a rare kind of issue for the MAC to be looking at - we're used to looking at land use, really local issues - I'd be inclined to support it.

Council member Lanie Springer said that, "while I agree with Councilman Saltzman, that this Resolution is too vague," she, too, would be interested in further discussion.

Saltzman half-seriously made a motion to "draft an amended Resolution right now," which was not voted on.

The Council subsequently proposed that it adopt the Resolution once amended, reviewed against the Patriot Act, and approved by the Board of Supervisors; the vote passed six-to-one, with Perkins opposing.

© 2003 The Ojai Valley News

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