Defending Civil Rights and Liberties

ARTICLE 5—DEFENDING CIVIL RIGHTS AND LIBERTIES

(Ord. 1339, eff. 5/2/2003)

Sec. 2190 Purposes.

The purposes of this ordinance are as follows:

A.    To protect the civil rights and civil liberties for all and to affirm the City’s commitment to embody democracy, and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California Constitutions, as set forth in Resolution 023-32, A Resolution of the City Council of the City of Arcata to Defend the Bill of Rights and Civil Liberties, adopted by the Council on January 15, 2003; and

B.    To ensure that local law enforcement continues to preserve and uphold residents’ freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), related executive orders, regulations or future enacted laws, executive orders or regulations.

Sec. 2191 No Unconstitutional Detentions or Profiling.

No management employee of the City shall officially engage in or permit unlawful detentions or profiling based on race, ethnicity, national origin, gender, sexual orientation, political or religious association that are in violation of individuals’ civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution.

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