PETITION TO THE TOWN OF BREWSTER

 

TO SEE IF THE TOWN WILL VOTE TO ADOPT THE FOLLOWING

RESOLUTION TO PROTECT CIVIL LIBERTIES OF BREWSTER RESIDENTS:

 

Whereas Patriots of the town of  Brewster, then the North Parish of the town
of Harwich,  in 1774 joined with other Cape Townsmen to block the opening of
the September session of the King's Courts, Common Pleas and General
Sessions, in Barnstable in the first overt resistance on Cape Cod to the
Tyranny of King George III and

 

Whereas once again Cape towns are joining in resistance to Acts that can
lead to Tyranny, we join here with the towns of Orleans, Eastham, Wellfleet
and Provincetown to adopt a resolution to protect the civil liberties of our
residents, and

 

Whereas the rights and liberties of the citizens and non-citizen residents
of Brewster protected by the Constitutions of the
Commonwealth of
Massachusetts
and the United States of America include:

 

        --Freedom of speech and assembly;
        --The right to privacy;
        --The rights to counsel and due process in judicial proceedings;
        --Protection from unreasonable searches and seizures;
        --The right to be notified of charges against them, and

 

Whereas the Constitutional protections of Brewster residents are threatened
under provisions of existing and proposed federal laws and regulations,
which include the U.S.A. Patriot Act, The Homeland Security Act, the Patriot
Act II, the Terrorist Information Awareness and T.I.P.S programs and
executive orders, which authorize or would authorize:

 

        --detaining Brewster citizens and residents without bringing legal
charges,  and denying their right to counsel;
        -- monitoring residents' telephone, internet and library use, video
rentals, book and grocery purchases, banking and medical records and other
activities without evidence of criminal behavior and without court order;
        --spying on domestic organizations without evidence of wrongdoing,
designating organizations as "terrorist" without evidence of intent to act
against the United States of America, and deporting Brewster citizens and
residents who contribute to these organizations, even if unaware of the
"terrorist" designation;
        --conducting secret military tribunals without fundamental legal
protections for the accused;
        --secretly searching the homes of Brewster residents when they are
absent;
        --blocking public access to meetings of government advisory
committees and  some public records;
        --unregulated ethnic profiling of individuals; and

 

Whereas the United States Attorney General has made threatening statements
regarding legal opposition to these policies, and

 

Whereas these aforementioned laws, regulations and executive orders have
current and potential  impact on residents and citizens alike, including
those exercising their Constitutional rights to speak out against local,
state or national policy,

 

It Is Therefore Resolved and the Town Meeting is petitioned to forbid all
local and non-local officials in Brewster, in the absence of probable cause
of criminal activity, to the extent legally permissible, from:

 

        1.        Participating in or cooperating with any inquiry,
investigation, surveillance or detention.
        2.        Recording, using and keeping any intelligence information
about persons and organizations in Brewster, including political views and
media use, even if authorized by federal law enforcement officials acting
under the cited or allied laws or executive orders. Intelligence information
currently held shall be identified and disposed of at the direction of the
Selectmen.
        3.        Enforcing immigration matters.
        4.        Profiling based on race, ethnicity, citizenship, religion,
or political values.

 

It Is Further Resolved that all Federal, State and County law enforcement
officials are  requested, and local law enforcement officials directed, to
the extent legally permissible, to report to the Brewster Board of Selectmen
publicly in writing monthly the extent and manner in which they have acted
under the cited and allied laws and executive orders, including but not
limited to:

 

        --the names of any Brewster residents detained here or elsewhere and
non-residents detained in the area for more than 48 hours as a result of
terrorism investigations, and the circumstances, charges against, and names
of counsel for each detainee;
        --the number of search warrants that have been executed in Brewster
without due notice to the subject, and the legal justification for each
warrant; and
        --the extent of governmental electronic surveillance, monitoring of
political, religious and other activities, and obtaining of education,
library, video and bookstore records in Brewster.

 

It Is Further Resolved that the Brewster Town Clerk shall communicate this
resolution to all town departments, all Federal, State, and local law
enforcement officials, the Governor of Massachusetts, the President and
Attorney General of the United States, and the Massachusetts Congressional
Delegation, and to ask that Delegation to act to repeal provisions of the
cited and allied laws and executive orders that violate the protections of
the Massachusetts and United States Constitutions.

 

It Is Finally Resolved that that if any part of these provisions or their
applicability is declared invalid by a court of competent jurisdiction, that
part shall be severable and the remainder shall remain in full force and
effect.