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Selectmen Split Support on Patriot Act
By Administrator   
Tuesday, March 09, 2004 05:00 PM
Selectmen voted not to support Article 34, a citizen’s petition which seeks approval of a non-binding resolution calling for residents to affirm their civil rights and work to repeal portions of the Patriot Act that endanger those rights. Selectmen voted not to support Article 34, a citizen’s petition which seeks approval of a non-binding resolution calling for residents to affirm their civil rights and work to repeal portions of the Patriot Act that endanger those rights.

The vote was 1 to 2. Selectman Andre Martecchini voted in favor of supporting Article 34. Chairman Betsy Sullivan and Selectman John Tuffy voted against it.

The resolution was submitted by the “Citizens for Peaceful Solutions” to affirm key civil liberties and rights granted by the Bill of Rights, the United States Constitution and the Massachusetts Constitution. This organization believes that Americans’ civil liberties, such as freedom of speech, freedom of assembly, rights of privacy and the protection from unreasonable search and seizures, are being jeopardized by the USA Patriot Act, the Homeland Security Act, and the Federal Executive Orders Act.

The resolution calls on town officials and residents to contact their congressmen and senators to monitor how these acts and orders are implemented and ask them to actively work to repeal the sections that violate fundamental rights and liberties guaranteed by the United States Constitution. The resolution also calls on Duxbury selectmen to send copies of this resolution to the president, U.S. attorney general, members of the Mass. Congressional delegation, Massachusetts representatives and senators, the governor and Mass. attorney general.

According to sponsor Nancy Landgren of Washington St., when the Patriot Act was enacted within the first six weeks after September 11, 2001, there was little serious debate given to it. The Patriot Act threatens Americans’ civil rights in many ways, said Landgren. It allows the government access to sensitive medical, financial and educational records, such as library records, about individuals without a court order or without evidence of a crime. It allows the US attorney general to designate domestic groups as “terrorist organizations” and lets him detain non-citizens indefinitely or deport them even if they have not committed a crime. The Act also greatly expands the government’s ability to conduct secret searches, said Landgren.

In addition, the Homeland Security Act and the Federal Executive Orders also threaten Americans’ right to privacy. They allow increased secret surveillance, such as wire taps between federal prisoners and their lawyers. They also hinder the gathering of information under the Freedom of Information Act.

Nationwide, there are three states and 233 communities, 19 in Massachusetts, that have passed resolutions similar to the one proposed by Landgren, she said.

Selectmen Chairman Betsy Sullivan said she could not support the resolution.

“I still agree with the intent of the Patriot Act,” said Sullivan. “We are at war and in times of war extraordinary measures have to be taken to protect citizens. I agree that the Patriot Act is flawed. I respect your intent, but I cannot support your article.”

Selectman John Tuffy also voted against supporting Article 34.

“I think the Patriot Act was legislation passed in haste in reaction to a tragic event and I think that like all legislation passed in haste, that it should be modified,” said Tuffy. “However, if I got to vote on just the resolves I’d absolutely support [Article 34]. But I have a hard time supporting some of the specifics within the body of the resolve.”

Landgren found an ardent supporter in Selectman Andre Martecchini.

“I applaud your article and I fully support it,” said Martecchini. He pointed out that the resolution is just calling on people to monitor the Patriot Act and work for the repeal of the portions that threaten freedoms guaranteed by the United States Constitution.

“We cannot screw around with our Constitutional rights,” said Martecchini.

He likened the government’s actions to the interment of Japanese-Americans during World War II, which the country now has recognized was a mistake and is paying restitution for its mistake.

Due to a mistake at town hall, most of the resolution was left out of the warrant, so a colored handout listing the entire resolution will be available at Town Meeting. Town manager Rocco Longo apologized to Landgren for this mistake and said he would check with town counsel and Town Meeting moderator Allen Bornheimer to see if the article could go forward despite this problem.