New York City Council Bill of Rights Resolution Res. 60-2004 (formerly 0909-2003-A)
Adopted by the Council on Wednesday, February 4, 2004
Whereas, The protection of civil rights and civil liberties is essential to the well being of a free and democratic society; and
Whereas, The City of New York has a diverse population, including immigrants and students, whose contributions to the city are vital to its economy, culture and civic character; and
Whereas, The members of the Council of the City of New York believe that there is no inherent conflict between national security and the preservation of liberty -- Americans can be both safe and free; and
Whereas, Government security measures that undermine fundamental rights do damage to the American institutions and values that the residents of the City of New York hold dear; and
Whereas, Federal, state and local governments should protect the public from terrorist attacks, such as those that occurred on September 11, 2001, but should do so in a rational and deliberative fashion in order to ensure that security measures enhance the public safety without impairing constitutional rights or infringing on civil liberties; and
Whereas, Certain federal policies adopted since September 11, 2001, including certain provisions in the USA PATRIOT Act (Public Law 107-56) and related federal actions unduly infringe upon fundamental rights and liberties...
Resolved, That the Council of the City of New York affirms its commitment to uphold civil rights and civil liberties, and therefore expresses its opposition to:
(a) investigation of individuals or groups of individuals based on their participation in activities protected by the First Amendment, such as political advocacy or the practice of a religion, without reasonable suspicion of criminal activity unrelated to the activity protected by the First Amendment;
(b) racial, religious or ethnic profiling;
(c) participation in the enforcement of federal immigration laws, except as directed by New York City Executive Order 41;
(d) deployment of biometric identification technology that is unreliable;
(e) establishment of a network of general surveillance cameras unless such a network is subject to regulations that provide reasonable and effective protections of privacy and due process rights of individuals who appear in recorded material; and
(f) "sneak and peek" searches, pursuant to Section 213 of the Patriot Act, unless the search is authorized and conducted in accordance with New York State law; and
(g) establishment or maintenance of an anti-terrorism reporting system that creates an electronic record on an individual unless subject to regulations that provide for the protection of individuals subject to unfounded reports...