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2003-09-23 Correspondence
NOTICE OF INTENTION TO COMMENCE LEGAL ACTION VIA CERTIFIED MAlL TO: City Council, City of Iowa City © ~--"° -~-VI 410 East Washington Street ---~C) ...a F"- Iowa City, IA 52240 YOU ARE HEREBY NOTIFIED as required by Iowa Code Chapter 670 that Mohamed I. Ali intends to commence legal action against you forthwith under Iowa Code Chapter 670 based on the following: 1. That on or about August 1, 2003 at approximately 2:10 p.m., Mohamed I. Ali (hereinafter Claimant) sustained a personal injury at Willow Creek Park. 2. Isamil A. Mohamedbakhjeit and Taysir Ahmed are the parents of Claimant and Abdalla, Ali, and Amna are the siblings of Claimant. 3. As a result of the said injury, Claimant, Claimant's parents, and Claimant's siblings sustained d.amages. 4. The said parties hereby demand from you monetary relief adequate to compensate them for their damages, including, but not limited to, medical expenses, lost wages, loss of consortium, pain (past, present, and fu, m~ and loss of bodily function (past, present, and future). Dated this/t~ day of September, 2003. A PROFESSI~i~NAL]glMITED COMPANY 216 StevensM~i~e Iowa City, IA 52240 (319) 341,0641 (319) 341-0681 Fax lcn~niermanlaw.com ATTORNEY FOR THE CLAIMANT(S) IOWA CITY BILL OF RIGHTS DEFENSE COMMITTEE O September 16, 2003 CD -. Iowa City City Council --~ CD --~ [" 410 E. Washington Ave. Iowa City, IA 52240 Dear City Council Member, As U.S. Attorney General John Ashcroft makes his way around the country in defense of the USA PATRIOT Act, concern about increasing threats to civil liberties of residents in Iowa City has brought activists together. Iowa City formed a Bill of Rights Defense Committee in May with members from the Hawkeye Area Chapter of the Iowa Civil Liberties Union, Iowans for Peace, FAIR! and others. The BORDC's immediate goals include advocating a city resolution affirming local government's respect for residents' constitutional civil liberties and educating the public and legislators about threats to constitutional rights. BORDC members have drafted a proposed resolution for City Council and are currently working to gain your support. As you know, numerous members of the Iowa City community have been working on resolution related events for almost a year. Hundreds of signatures were submitted to Iowa City City Council between December 2002 and February 2003 supporting such a resolution. As members of the City Council, we believe it is important that you understand the ramifications of the PATRIOT Act in our community and let your position be known to the voters. We have attached some materials including a draft of BORDC's resolution for your consideration. We ask that you consider highlighting your stance concerning support of the PATRIOT Act and your reasons for or against support of such a resolution. Julie Spears, a member of the ICLU involved with the Iowa City Bill of Rights Defense Committee, can be contacted at either julie-spears@uiowa.edu or 319-354-6589. Sincerely, Enc. PROPOSED RESOLUTION FOR THE CITY COUNCIL OF IOWA CITY DRAFT- 9/2/03 WHEREAS: The City of Iowa City is a politically diverse and democratic community whos~ residents are committed to preserving the human rights and civil liberties enunciated~ the United States Constitution; and ~.L'-)~ WHEREAS: It is the responsibility of the City Council of Iowa City to uphold the Uni~6'l;ates Constitution; and ~-Z~ WHEREAS: The United States government has taken measures to heighten national seciii~ty, many aspects of which, in its domestic implementation, represent an assault on the follov~ng constitutional amendments: · The First Amendment, which states, "Congress shall make no law.., abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances;" · The Fourth Amendment, which declares, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized;" · The Fifth Amendment, which states that no person "shall be compelled in any crirrdnal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;" · The Sixth Amendment, which guarantees defendants "the right to a speedy and public trial, by an impartial jury.., and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence;" · The Eighth Amendment, which states, "Excessive bail shall not be required, nor excessive fines imposed, nor creel and unusual punishments inflicted;" · The Fourteenth Amendment, which prohibits any State from depriving "any person of life, liberty, or property, without due process of law, nor to any person within its jurisdiction the equal protection of the laws;" and WHEREAS: These Constitutional rights are now directly compromised by: A. The U.S.A.P.A.T.R.I.O.T. Act (Acronym stands for: "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism"), whose ambiguities and vast scope greatly strengthen the gcffernment's power to invade and control the everyday lives of citizens and non-citizens alike'; and B. Federal Executive Orders and governmental edicts"; and C. The Homeland Security Act, which violates fundamental principles of open governance~'. WHEREAS: The USA PATRIOT Act, the Homeland Security Act, and a number of recent federal Executive Orders contain provisions which, taken together, constitute a dramatic erosion of the civil liberties and human rights established for the people of the United States of America with few historic precedents. DRAFT THEREFORE, BE IT RESOLVED: That the CITY COUNCIL OF IOWA CITY, IOWA, acting in the spirit and history of our community, do hereby: 1. Affirm the rights of all people within the city, including United States citizens and citizens of other nations, in accordance with the United States Constitution; and 2. Maintain that its officials and employees are to hold the United States Constitution as the ultimate legal authority whenever its provisions conflict with those of the above-referenced Acts and Executive Orders; and 3. Call upon all elected officials of Iowa to take all legally appropriate action to repeal those unconstitutional provisions of the above-referenced Acts and Executive Orders; and 4. Direct the City Manager to regularly report to the City Council and make publicly available to the extent legally permissible at least the number of requests by federal agents under the USA PATRIOT Act to the Iowa City Police Department for information or collaboration regarding Iowa City residents from federal, state, and local government entities relevant to the above-referenced Acts and Executive Orders; and 5. Commend the Iowa City Public Library for its policy of dally deletion of patrons records, but also recommend that the Iowa City Public Library: a. Post a notice to library users in prominent places within the library and on the library website as follows: "WARNING: Under Section 215 of the federal USA PATRIOT Act (Public Law 107-56), records of the books and other materials you borrow from this library may be obtained by federal agents. Federal law prohibits librarians from informing you if federal agents have obtained records about you. Questions about this policy should be directed to: Attorney General John Ashcroft, Department of Justice, Washington, DC, 20530;" and b. Report regularly to the City Manager the number of times individual borrowing records have been obtained from the library under section 215 of the USA PATRIOT Act. 6. Oppose any attempt to eliminate the sunset provisions of the USA PATRIOT Act which would provide a necessary congressional review of the law before making it permanent; and 7. Direct the City Clerk to publish this resolution and post it in public places, e.g., website, bulletin boards, the lobbies of City Hall, the library and the public schools; and that the City Clerk send a copy of this resolution to all affected local departments as well as the Johnson County District Attorney, the Iowa State Police, the Iowa Congressional and Statehouse delegations, the Attorney General and the Governor of the State of Iowa, the local United States Attorney, the United States Attorney General and the lh-esident of the United States. BE IT FINALLY RESOLVED that the provisions of this Resolution shall be severable, and if any phrase, clause, sentence, or provision of this Resolution is declared by a court of competent jurisdiction to be contrary to the Constitution of the United States or of the State of Iowa.ar the applicability thereof to any agency, person, or circumstances is held invalid the validit~_y~.~e remainder of this Resolution and the applicability thereof to any other agency, person or-j~ -.-, circumstances shall not be affected thereby. ~'D ~ tm DRAFT ° cn2 The USA PATRIOT Act: 1. Inhibits constitutionally protected speech through vague and overly broad definitions of "terrorism" and creation of the new crime of "domestic terrorism," the interpretation of which resides exclusively in the hands of the Attorney General and the President (Sections 411,412, 802, 808); and 2. Virtually eliminates judicial supervision (e.g. search warrant) of telephone and Internet surveillance (Section 216); and 3. Greatly expands the government's authority to conduct, without advance or simultaneous notice, secret searches without probable cause (Sections 209, 213, 215, 218-220); and 4. Grants the FBI broad access to individual medical, mental health, financial, employment, and educational records without having to show evidence of a crime and without a court 6rder (Section 215); and 5. Permits the FBI to track individual book borrowing in libraries and book purchases and video rentals in stores and makes it a crime for librarians and vendors to reveal their knowledge of such ~'acking (Section 215). ii Federal Execi~tive Orders and governmental edicts, which have: 1. Permitted wiretapping of conversations between federal prisoners and their lawyers OEO 57833]; and 2. Eliminated Justice Deparlment regulations against covert activities that in the past targeted domestic groups and individuals by the FBI OEO 57833]; and 3. Authorized closed military ~btmals to try noncitizeus for terrorist acts absent of independent judicial review. The trials allow secret proceedings in which hearsay evidence is allowable and verdicts require only a two-thirds concurrence OEO 57833]; and 4. Permitted thousands of people, mostly men of Arab and South Asian origin, to have been held for many months in secxet custody, most without any charges filed against them, without publication of their identities and location in defiance of repeated congressional requests and court orders OEO 57833]; and 5.Limited the release of public documents and records in many subject areas under the Freedom of Information Act (FOIA) OEO 12958]. iii The Homeland Security Act, which violates fundamental principles of open governance by: 1. Exempting the Department of Homeland Security from FOIA disclosure, thereby drastically restricting its responsibility to answer public questions (Section 204); and 2.Empowering the Secretary of the Department to waive the safeguards contained in the federal Whistleblower Protection Act (Section 730); and 3. Empowering the Secretary of the Department to require vaccinations of the entire population with no exemptions (Sec 304c). DRAFT Bill of Rights Defense Committee P.O. Box 60591, Florence, MA 01062 E-mail: ~; Web site: A Guide to Provisions of the USA PATRIOT Act and Federal Executive Orders that threaten civil liberties by Nancy Talanian · American Civil Liberties Union On October 26, 200 l, President Bush signed into law the USA PATRIOT Act · Electronic Frontier Foundation (acronym for "Uniting and Strengthening America by Providing Appropriate · National Lawyers Guild Tools Required to Intercept and Obstruct Terrorism"). Passed hurriedly (many * People for the American Way Congressmen stated later they had not even had time to read the law) it creates a new crime, "domestic terrorism," so broadly del'mad that it could For ease of reference, this article summarizes how the USA PATRIOT Act conceivably apply to acts of civil disobedience, and certain Federal Executive Orders threaten and diminish the civil liberties of U.S. citizens end noncitizens guaranteed by the Bill of Rights. The Bill of The USA PATRIOT Act gives the FBI and the CIA greater rights to wiretap Rights Defense Committee advocates the repeal of several sections of the Act phones, monitor e-mail, survey medical, financial and student records, and and Orders. For example, Congress showed its concern about certain sections break into homes and offices without prior notification. It creates a new crime of the Act relating to enhanced surveillance by including in the Act Section of domestic terrorismthat is so broadly defined that it may be applied to 224, a "sunset" provision. We are also concerned about the powers for citizens acting legally to express their dissent. Under this Act and other enhanced surveillance, and so we call upon Congress to accelerate the sunset legislation, noncitizens are being deported or detained indefinitely without judicial appeal, provision so that the sections expire immediately rather than on Decemb er 31, 2005. The dangers of the USA PATRIOT Act are augmented by a Bureau of Prisons Wa are concerned not only that the government is using its new powers but is order allowing federal agents to abridge the attorney-client privilege by refusing to provide unclassified information on how it ia using them under the eavesdropping on conversations between lawyers and their clients held in Freedom of Information Act, such as who is being detained. The refusal federal custody. The Justice Department has also dismantled regulations prevents anyone, including citizens, the media, federal judges and members of against COINTELPRO operations that were enacted following abuses of the Congress, from knowing whether the powers have been or are being abused. civil rights and peace movements of the 50's, 60's and 70's. The We believe the enhanced secrecy imposed by the administration makes it all Administration has ordered secret military ~bunals for suspected terrorists, the more imperative that Congress repeal unwarranted and unnecessary In addition to being unfair and unnecessary, the U.S. threat of using military powers that provide little or no security but that cIeariy threaten our civil tribunals increases the likelihood that U.S. citizens will be treated accordingly liberties. overseas, and decreases the likelihood that other governments will be willing to extradite suspected terrorists or other parties wanted bY the U.S. What follows is a brief summary of some of the provisions of the USA PATRIOT Act (USAPA) and Federal Executive orders that threaten our rights The web sites of the following organizations contain excellent analyses of the as guaranteed by the Bill of Rights. We recommend that these sections be provisions of the USA PATRIOT Act and various Federal Executive Orders passed since September l l, 2001, that threaten civil liberties: ~' Copyright © 2002 by Nancy Talanian. All fights reserved. 0:01 USA. PATRIOT Act and E×¢cutiv¢ Orders 1 E1391S Billo£RightsDcfcns¢Committc¢ Amendment I "Congress shall make no law respecting an establishment of religion, or prohibiting the flee exercise thereof; or abridging the freedom of speech, or of the press; or the fight of the people peaceably to assemble, and to petition the Government for a redress of grievances." Title or Provision What It Says/What It Changes How it can be misused USAPA §802: Definitbn Creates a new crime, "domestic terrorism," which it defines Broad definition may be used against of domestic terrorism, as "acts dangerous to human life that are a violation of the activists exercising their rights to assemble criminal laws of the Un/ted States or of any State" and that and to dissent. "appear to be intended.., to influence the policy of a government by intimidation or coercion." USAPA §215: Access to It permits the FBI director to seek records from book~tores Puts people at risk for exercising their free records and other items and libraries of books that a person suspected of terrorism speech rights to read, recommend, or under the Foreign has purchased or read, or of his or her activities on a discuss a book or to write an email. Intelligence Surveillance library's computer. It also places a gag order to prevent Act anyone from disclosing that they have been ordered to It also denies booksellers and hbmry produce such docments, personnel the free speech right to inform anyone, including an attorney, that the FBI has asked for someone's reading list. Attorney General's Edict Rescinds anti-COINTELPRO regulations and authorizes the Opens the door to COINTELPRO for Increased Surveillance FBI to monitor and surveil religious groups and political operations, which were used in the past to of Religious and Political groups without evidence of wrongdoing, harass and to intimidate people who Organizations disagreed with the government on issues such as civil rlght~ and the Viemam War. VMOI k.LlO ¥./',AOI 7l 3't0 ,LJ.IO :0114¥ L I d3S [iIOZ USA PATRIOT Act and Executive Orders 2 G~-] IZt' Bill of Rights Defense Committee Amendment I continue Title or Provision What It Says/What It Changes How it can be misused Attomey General's Replaced Attorney General Janet eno s previous gmdelines Enables federal agencies to ignore many FOIA edict subverting to agencies for fulfilling FOIA requests, which were to requests for unclassified information. For Freedom of make allowable discretionary disclosures except where there example, the administration has used this edict Information Act was "demonstrable harm." Ashero~ assures agencies that to keep secret the names of detainees detained requests "decide to withhold records, in whole or in part," that they for long periods, and to close the/r hearings. an be assured that the Department of Jnsnce will defend your decisions unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records." Attorney General's Removes requ~'ement to obtain judicial permission before Abridges freedom of speech. approval of a Bureau listening in on conversations between prisoners (both prior of Prisons emergency to trial and convicted) and their attorneys. surveillance order Amendment IV This amendment forms a substantial basis of the constitutional right to privacy. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Title or Provision What It Says/What It Changes How it can be misused USAPA §203: Authority to Permits law enforcement to give CIA sensitive No court order is required. CIA may share share criminal investigative information gathered in criminal investigations, the information with other agencies and with information, including wiretaps and intemet trapping, foreign ~ovemment.q USA PATRIOT Act and Executive Orders 3 Bill of Rights Defense Committee Amendment IV continued ~ Title or Provision What It Says/What It Changes How it can be misused USAPA {}218: Foreign Amends Foreign Intelligence Surveillance Act Eliminates judicial supervision by giving the FBI the intelligence information (FLSA) by eliminating the need for the FBI to ability to gather "foreign intelligence information" show "probable cause" before conducting without a warrant, unless the evidence sought is to be secret searches or surveillance to obtain used in a criminal proceeding. Former standard of evidence of a crime. "foreign intelligence infomtion" is weakened? Agent may now say that foreign intelligence is relevant , or plays apart inthe investigation. "Probable cause" of a crime is no longer needed. USAPA §206: Roving Extends roving wke~ap authority to These wiretaps may be authorized secretly. Expands surveillance authority "intelligence" wiretaps authorized by the the power broadly by tapping any device used by a under the Foreign Foreign Intelligence Surveillance Court. terrorist suspect, regardless of who is using the device Intelligence Surveillance at the time. Act of 1978. (AKA "roving wiretaps) USAPA §213: Authority Permits the government to search your home Unlike the former "knock and announce" policy, a for delaying notice of the with no one present and to delay notification ~erson whose home is to be searched cannot view the execution of a warrant indefinitely. Corot may authorize dehyed warrant to make sure the address is correct or to make (AKA "sneak and peek") notification "if the court finds reasonable sure that the agent adheres to the warrant's description cause to believe that providing mediate of what is to be searched. notification.., may have an adverse result." VMOt YAAOI )tH]qO AID The Fore gn Inte xgence Sutvedlance Administration (FISA) issued an y ected the Justice Department's request for Information sharing between counterintelligence and prosecutors because it would not effect~ei~ghts to privacy. USA PATRIOT Ac[ and Executive Orders 4~a-a Bill of Rights Defense Committee Amendment IV continued Title or Provision What It Says/What It Changes How it can be misused USAPA {}215: Access to Relaxes requhcments and extends capabilities of FISA by No legitimate checks and balances; rather, records and other items enabling anyone within the FBI down to rank of Assistant the judge becomes a 'robber stamp'. No under the Foreign Special Agent in Charge to request a court order for tangible privacy pmtection for U.S. citizens or Intelligence Surveillance items sought for an investigation "to protect against legal residents acting legally. Transfers Act international terrorism or clandestine intelligence activities." power from the judiciary to the executive The judge must give permission if an agent has so certified, brach. For example, it perrmts the FBI director to seek records from bookstores and libraries of books that a person has purchased or read, or of his or her activities on a library's computer. It also places a gag order to prevent anyone from disclosing that they have been ordered to produce such documents. Eliminates the former test, that "there are specific and articulable facts giving mason to believe that the person to whom the records pertain is a foreign power or an agent ora foreign power." USAPA {}411: Allows Secretary of State to designate any foreign or Lowers standard for terrorist designation; Definitions relating to domestic group that has engaged in a violent activity a possibility of groups that dissent terrorism "terrorist organization." peacefully being so designated as the result of an action by an agent ~rovocateur. USAPA §412: Gives Attomey General broad powers to certiff immigrants Reduces previous standard from "probable Mandatory detention of as risks, cause." suspected terrorists; habeas corpus; judicial review USA PATRIOT Act and Executive Orders 5 G'Z~"~/~ Bill of Rights Defense Committee Amendment IV continued Title or Provision What It Says/What It Changes How it can be misused Attorney General's Rescinds ant/-COINTELPRO regulations and Reduces standard for surveillance from "probable Edict for Increased authorizes the FBI to monitor and sm-veil cause." Surveillance of religious groups and pohtical groups without Religious and Pohtical evidence of wrongdoing Organizations Attomey General's Removes requh~ment to obtain judicial Constitutes "unreasonable searches" without the approval of a Bureau of pennission before listening in on conversations necessity to meet the standard of "probable cause." Prisons emergency between prisoners (both prior to trial and surveillance order convicted) and their attorneys. Attorney General's TIPS Sets up a system for up to 2 million Americans, May potentially damage someone's record due to program more than were involved in the heyday of East innocent activities that are misunderstood or are Germany's Stasi, to secretly provide information invented or enhanced by the caller because of a to the government about any persons whom they : personal vendetta. How the "tips" would be used has consider suspicious, and for the government to been neither reported nor approved, nor have there set up a file on these persons, been assurances that anyone who is reported as "suspicions" will be confronted with the evidence against him/her and given an opportunit7 to correct it. ¥ 0t MIO V OI ) 3]0/t/lO !iO:OII4V L I a3S£OOZ USA PAT~OT Act ~d Executive Orders 6 Q33 I~ BD of~ Defoe ~e Amendment V '~o person shall be held to answer for a... crime, unless on a presentment or indictment of a Grand Jury..., nor shall be compelled in any crim/nal case to be a witness against himself, nor be deprived 9f hfe, hberty, or property, without due process of law." Title or Provision What It Says/What It Changes ' How it can be misused Attorney General's Removes req~rment to obtain judicial permission before A prisoner may be made to be a witness approval of a Bureau of listening in on conversations between prisoners (both prior to against himself or herself.. Prisons emergency ~ial and convicted) and their attorneys. surveillance order President Bush's Military Establishes Irials by militmy tribunal, at president's discretion, Denies "due process of law," which Order for noncifizens, applies not only to citizens but to all "persons" in the United States. Allows secret evidence and hearsay to be used against the accused. President Bush's order Allows committee of attorney general, defense secretary, and No opportunity to prove innocence. designating "Enemy CIA director to label citizens and noncitizens as "enemy Denial of"liberty without due process combatant" co " ..... mbatants, placing them m military custody, holding them of law." in detention indefinitely, interrogating them, and denying them communleation with outsiders or judicial review. Attorney General's Edict Rescinds anti-COINTELPRO regulations and authorizes the An unsuspecting participant in a for Increased Surveillance FBI to monitor and survefl religious groups and political religious or political meeting may be of Religious and Political groups without evidence of wrongdoing Orgamzations "compelled to be a wimess aga/nst himself.." USAPA §412: Mandatory Gives Attorney General broad powers to ce~ify immigrants as Deprives mgrants of"liberty ... detention of suspected risks. terrorists; habeas corpus; without due process of law." .judicial review USA PATRIOT Act and Executive Orders 7 (~'~'~\~ Bill of Rights Defense cornnuttee Amendment VI "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and disthct wherein the crime shall have been committed ... and to be informed of the nature and cause of the accusation; to be confronted with the wimesses against him; to have compulsory process for obtaining witaesses in b_is favor, and to have the Assistance of Counsel for his defence." Title or Provision What It Says/What It Changes How it can be misused USAPA §412: Gives Attorney General broad powers to ce~ify Infringes upon the rights "to a speedy and public U-ia[ Mandatory detention of immigrants as risks, by an impartial jury of the State and district..., to be suspected terrorists; informed of the nature and cause of the accusation, to be habeas corpus; judicial confronted with the witnesses agah~ him," and "to have review the A ~i,tance of Counsel for his defence." President Bush's order Any U.S. citizen or noncitizen designated as an Infringes upon the rights "to a speedy and public trial, designating "Enemy enemy combatant may be placed in military by an impartial jury of the State and dislrict..., to be corohatant" custody, held in detention indefinitely, informed of the nature and cause of the accusafidn, to be interrogated, and denied communication with confi'onted with the witnesses against him," and "to have outsiders or judicial review, the Assistance of Counsel for his defence." Attorney General's Removes requirement to obtain judicial A prisoner who knows that law enforcement may hsten approval of a Bureau of permission before listening in on conversations in on conversations with an attorney may forego the Prisons emergency between prisoners Ox)th prior to trial and right to ask for Counsel to aid in his or her defense. ' surveillance order convicted) and their attorneys. Amendment VIII "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Title or Provision I What It Sa~,s/What It Changes [ How it can be misused USAPA §412: Mandatory detention of suspectedI Gives Attorney General broad powers to] May result in "cruel and unusual terrorists; habeas corpus; judicial review cerfif7 imrni~mmltS as risks, puni~hrn~ntn" (deportation). ¥ AOI XlI9 YA OI 0:01 a I a3S OOZ USA PATRiOT Act and Executive Orders 8 ~371~ Bill of Rights Defense Committee · Iowa City Bill of Rights Defense Committee 319-354-6589 · PRESS RELEASE: Local Opposition to the USA PATRIOT Act Growing in Iowa City · Contact Person's Name: Julie Spears julie-spears@uiowa.edu or 319-354-6589 · Immediate Release As U.S. Attorney General John Ashcmft makes his way around the country in defense of the USA PATRIOT Act, concern about increasing threats to civil liberties of residents in Iowa City has brought activists together. Iowa City formed a Bill of Rights Defense Committee in May with members from the Hawkeye Area Chapter of the Iowa Civil Liberties Union, Iowans for Peace, FAIR! and others. The BORDC's immediate goals include advocating a city resolution affirming local government's respect for residents' constitutional civil liberties and educating the public and legislators about threats to constitutional rights. BORDC members have drafted a proposed resolution for City Council and are currently working to gain City Councilors' support. BORDC members will also present information packets to candidates running for City Council to help them articulate their positions. Since October 2001, the USA PATRIOT Act, the Homeland Secudty Act, and several executive orders have granted federal agencies unprecedented access to citizens' personal information without probable cause and have allowed the arrest, detention and deportation of non-citizens without appeal or legal counsel. In response, city councils and legislatures in 166 cities and three states have already passed resolutions aimed at protecting and restoring civil liberties. Iowa has yet to join this continuously growing list of cities. A national Bill of Rights Defense Committee, which maintains a web site at www. bordc.org, coordinates the work of many emerging state and local BORDCs across the country. Various members of the Iowa City community have been working on resolution related events for almost a year. Hundreds of signatures were submitted to Iowa City City Council between December 2002 and February 2003 supporting such a resolution. Ben Stone, Executive Director of the Iowa Civil Liberties Union, also appeared in front of the Iowa City City Council in December of 2002 asking them to support a pro-civil liberties resolution. 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"preven~ te~ohs~ from libr~ record, b~ess not j~t ~ -- I op~ for you ~k. you ~t ~ve ~?- ~ not ~d ~e 5~ John Bres~and is an mqe~g mo~ dea~ ~d records ~d "~y ~ble ~e ~ b~ w~t's ~ed ~ ~ ~ ~ you "S~ce you were bom. ye~ ~o?). ~d, of co~e, Iowa City-b~ ~t~ He destruction on ~ehc~ ~g"~secre~Me~gwe ~Ds~Butyou maybele~e~get~ ~pro~. ~edocmr~ka~s~* isam~b~'of~eW~t~s never ~ow about i~ No ~rea~ ~ow ~, d6n% edffyou~ow~e~t~'t Jo~, ~ quesUon veyof~ble~ ~p, ac~sofloc~resi. Righton~Hamgworked w~qnow~ you?You~ow~ ~o~o~." ~mesome~ ~ se~ of a ~r~g d~ts who w~te regular m ~e World ~ade Cen~r, reminds me, ~ose ~t ~t ~d~ at 1 p.m I met I stu~ed Ch~av~'s C~av~ ~o~t ~ a s~ c~ed~ or Hu- opinion cotum~ for the A publication of the Iowa City Public Library Fall2003 Patriot Act Impacts Patron Records ICPL Library Board policy and Iowa state law protect the confidenti- ality of patron records. The structure is in place to keep library records safe. But are they? Shortly after 9/11/01 Congress enacted the USA Patriot Act, which gives the federal government broad powers to search and seize information about suspected terrorists. Confidentiality oflibrary records is one of the cornerstones of intellectual freedom. The USA Patriot Act puts a caveat on this policy. If federal agents suspect terrorism, records can be seized with only a warrant. Before any informations is released, the Library director, or her designee, will ask City attorney advice on the legality o f the warrant. The Steel is Up--Construction Update Since the Patriot Act became law in October: 2001, the FBI can conduct a search of public records and transactional data with just a ?he Library construction project remains ahead of schedule. Since warrant in hand. A warrant does not require the standard of library operations moved last Aprilinto temporary quarters in the probable cause to search for evidence. The warrant can be obtained jew addition, the former library building has seen major reconstruc- through a secret court process. Further, the Patriot Act forbids Uon work begin. libraries from telling anyone about the federal information probe. The steel structure, the north wall and service s t ainvay, and old Many months after the American Civil Liberties Union, the American elevator are the major things that remain. The public stair; east, Library Association and other groups requested statistical informa- south, and west exterior walls; and most interior walls have been fion on the Patriot Act's use, theJusrice Department released the removed. information that about 50 libraries have been included as part of the Patriot Act investigations. The new steel structure that shows the changed footprint of the building on Linn and College Streets is in place and interior walls, the In July, the American Civil Liberties Union challenged Section 2l 5 of new public elevator, and lowered floors for the meeting room area the USA Patdot Act, the secfi0n that m0st affects c0nfidentiality 0f can be seen. Bef0re winter, the area will be enclosed and w0rk will library patron records. This challenge has been filed in the U.S. continue on the interior. District Court in Detroit on behalf of six Arab and Muslim- American organizations that have been investigated. Meanwhile, the At any time, work may begin on the commercial development on the Attorney General's office has backed further legislation to broaden lot across from the library. When this happens surface parking will the federal government's surveillance powers in a bill called the be lost. For a short period of time, pedestrian access through City Victory Act. Plaza will he rerouted. Watch the Library's we~age for updates. O ICPL wdi continue to keep the public informed about the status of The Library expects to move into ~ode~space next spring. the Patriot Act, and related legislation. Tlie Library xvill soon have Patriot Act updates on its ,x, ebsite and will include links to other information about this Act on the World Wide Web. --217 ::~ -, DEFEND ER \ Newsletter of the Iowa Civil Liberties Union Vol. 31, No. 3 Local Opposition to the 0SA PAi'BIOT Act Grows in Iowa Expressing growing concern with in- from the Hawkeye Area Chapter of the Iowa Washington, DC. creasing threals to civiHiberties in the U.S., Civil Libedies Union, Iowans for Peace, Immediate BORDC plans aretoraise activists around Iowa have been organiz- FAIR! and others. The BORDC's immedi- public awareness about the PATRIOT Act, ieg local opposition to the USA PATRIOT ate goals include advocating a city resolu- Act. ICLU members and allies Jn Iowa City, lion affirming local governmeet's respect for and to encourage the Waterloo and Cedar collect signatures in opposition lo the Act, Black Hawk County, and Scott County are residents' constitutional civil liberties and Falls City Councils to adopt appropriate working on public education campaigns educating the public and legislators about while drafting resolutions against the USA threats Io constitutional rights. BORDC resolutions. A rally is planned for eady Sep- PATRIOT Act to be passed by their City members have drafted a proposed resolu- Councils. tember where the ICLU's Ben Slone will be lion for City Council and are currently work- the featured speaker. Since October 2001, the U SA PA- lng lo gain City Councilors' support. David Larson is a member of the ICLU TRIOTAct, lhe Homeland Security Act, and Various members of the Iowa City invotved with the Waterloo/Cedar Falls Bill several execulive orders have granted fed- community have been working on resolu- of Rights Defense Committee. He can be reached at dcl.truelefl@bureingmail.com or eral agencies unprecedented access to citi- lion related events for almost a year. Hun- 319-233-1216. zees' personal information without probable dreds of signatures were submitted to the cause and have allowed the arrest, deten- Iowa City City Council between December Scott County lion and deportation of non-citizens with- 2002 and February 2003 supporting such out appeal or legal counsel. Scott County anti-PATRIOT Act orga- a resolution. Ben Stone also appeared in nizing produced two August public actions In response, city councils and legis- front of the Iowa City City Council in De- last month. A rally in support of libraries'free- latures in 152 cities and three states have cember of 2002 asking them to support a doms was held in front of the Davenpod already passed resolutions aimed at pro- pro-civil libedies resolution. Public Library on August 16"~ and in front of lecting and restoring civil liberties. No Iowa For more information contact: Julia the Bettendorf Public Library on August 18~. city has yel joined this continuously grow- Spears, a member of lbe ICLU involved Additional organizing efforts are currently lng Iisi of cities. A national Bill of Rights with the Iowa City Bill of Rights Defense being planned. Defense Committee, which maintains a web Committee. She can be contacted at either Ted Pfeiff is a member of the ICLU in- site at www.bordc.org, coordinates the work julie-spears@uiowa.edu or 319-354-6589. v(~lved in Scott County's efforts. He can be of many emerging state and local BORDCs across the country. To continue to gain Waterloo/Cedar Falls contacted at either 563-332-9203 or momentum, we need your help! Now is the Waterloo/Cedar Falls Bill of Rights Dfeiff(~eart~hlink.nef. time to get involved in the campaign in your Defense Committee was formed in early Providing Security al the Price of area. August by members of the Black Hawk Civil Liberties? Ames Public Library, 7:30 Iowa City County Green Party and Cedar Valley PM, September 18. Dr Adrian Bennett Churches United for Peace. The groups' taught Asian History at iSU for 30 years. He Iowa City formed a Bill of Rights De- . previous combined efforts included protest- ~s currently the Chair of lhe Board of Col- tense Committee in May with members lng the Iraq War in both Cedar Falls and ~ege for Seniors, and was the coordinator of lhe popular CFS class, "World Turned Up- side Down" last spring. It's not a luxury, it justJ~eh like one... September 11, 2003 Mayor and Iowa City Council 410 E. Washington Street Iowa City, IA 52240 Dear Mayor Emie Lehman and Council Members, On behalf of the residents, staffand Board of Directors, I want to thank you for delaying the no parking on the south side of Oakcrest Street until December 1, 2003. The lack of parking, I know, has been a frustration for everyone concerned. Although Oaknoll has always tried to be a good neighbor, this situation has gone on too long. To see the parking ramp finally taking shape brings a sigh of relief fi'om all of us. Your action Tuesday night is another reminder of your continued support of the Oaknoll Community and it is very much appreciated. ~eerely, · l~tricia Heiden EYcecutive Director Oaknoll Retirement Residence · 701 Oaknoll Drive · Iowa City, Iowa 52246 · 319-351-1720 PHONE ° 319-351-6772 VAX / Marian Karr From: dennis kowalski [mayflyd@yahoo.com] Sent: Wednesday, September 10, 2003 5:20 PM To: cou ncil@iowa-city.org Subject: Impeach Dear Council You failed to pass an anti war resolution. Perhaps you can make amends by asking Congress to investigate the impeachment of Bush/Cheney/Rumsfeld. Or would you rather wait until they put the entire world in further turmoil. This is not in your purview? Try running the city, while Bush bankrupts the country. How many dead Iowans? Sincerely Dennis Kowalski 1932 Hafor Dr IC IA 52246 Do you Yahoo!? Yahoo! SiteBuilder - Free, easy-to-use web site design software http://sitebuilder.yahoo.com Marian Karr From: Steven Nelson [steven-nelson@uiowa.edu] Sent: Monday, September 08, 2003 10:40 AM To: cou ncil@iowa-city.org Subject: [Fwd: Sandusky Dr stormwater retention area] RE: Sandusky Dr Mr. Fosse indicates in his note that city control of the retention area in the Pepperwood addition along Sandusky Dr. is seriously compromised by the lack of covenants or other ordinances. Your predecessors on the council created the retention area and it is the city's obligation to manage it. This is nearly impossible to do without the covenants that were established at the time. Please be proactive in preventing more problems with the retention area at least by reestablishing the covenants for the Pepperwood subdivision. Steven Nelson 1033 Sandusky Dr Iowa City *** eSafe scanned this email for malicious content *** Marian Karr From: Rick Fosse Sent: Monday, September 08, 2003 9:46 AM To: 'Steven Nelson' Cc: Ron Knoche Subject: RE: Sandusky Dr stormwater retention area Steven: Thanks for your e-mail about the fence. Dave Robertson had already called about it. Now that the subdivision covenants have expired, I don't think there is much we can do to prevent fences such as this. Ron Knoche, our new City Engineer, is looking into this and will follow up with you. Thanks, Rick Fosse ..... Original Message ..... From: Steven Nelson [mailto:steven-nelson@uiowa.edu] Sent: Thursday, September 04, 2003 4:21 PM To: rick-fosse@iowa-city.org Subject: Sandusky Dr stormwater retention area A couple years ago after neighborhood concerns about solid wood fences in the retention area impeding water flow, the city managed to have the fences rebuilt with spaqing between the boards to allow more water flow. Recently, another solid wood fence was built on the property at 1015 Sandusky Dr. If this was done with city permission I hope the city admin considered the potential impact on the storm water retention area. If this was not a city approved project, I hope that city staff will meet with the owner and explain the importance of maintaining an retention area free of obstructions to water flow. If one fence is allowed, it will be harder to prevent other fences from being constructed in the retention area. Or is 1 OK, but 2 or 3 is too many? --Steven Nelson 1033 Sandusky Dr. 354-1762 (home) 356-7202 (work) Marian Karr From: David Robertson [Davidl101@msn.com] Sent: Saturday, September 13, 2003 1:20 PM To: cou ncil@iowa-city.org Subject: Sandusky storm water retention area My name is David Robertson. I live at 1101 Sandusky Drive in Iowa City. [ approached the council about upgrading the storm water system in my area. Within the last couple of weeks, my neighbor at 1015 Sandusky has put up a partial privacy fence further restricting the water flow. Every grade change and new fence increases the risk of flooding. The sewer easement is not even being maintained so water can be passed above ground. A garden that was installed on Briar Drive in the easement should be lowered. The city has not pursued this. It will not take many more changes to flood out my residence and my rental house. Please do some sort of project in this area to control this water. The money would be better spent on this instead of legal action. 9/15/03 Marian Karr From: Mike Smithey [smithey_michael@hotmail.com] Sent: Thursday, September 04, 2003 1:31 PM To: cou ncil@iowa-city.org Subject: Alcohol Members of the council, Due to the faith that has been put into bar owners and their ideas of how to fix the problem of underage drinking in their establishments, I think it is important for you to know what goes on in the bars. In the course of my job (police officer) over the past three weeks, I have had the opportunity to walk downtown and enforce the drinking laws and ordinances. I have had three instances where bouncers, doormen, or "bar monitors" have seen me coming and have quickly run inside to tell the underage patrons that the police were coming. One of those persons went to jail for his actions (Interference with Official Acts). It seems to me that if a bar owner or its employees know that someone inside is underage and drinking, it is their responsibility to put a stop to it, not to warn them of their impending citation. That was not, I believe, the intended use of"Bar Monitors" proposed by Mr. Stalkfleet last spring. I have confiscated Fake IDs that in and of themselves should show you that it doesn't matter what you present, as long as it shows you are 21. 1 would like to turn them over to you for your viewing so you can see for yourselves that the bars are not doing their part to combat this problem. Again, I welcome and encourage you to call me and come ride or walk with me some evening downtown. Mike Sm~they 9/4/03 Marian Karr ~ From: Andy Matthews Sent: Friday, September 12, 2003 11:14 AM To: 'crladydi@mcleod usa. net' Cc: *City Council; Steve Atkins; Marian Karr; Lisa Mollenhauer; RJ Winkelhake Subject: RE: VVhat is Happening to Iowa City's Ped Mall??? I was asked to respond to your inquiry. My name is Andrew Matthews, and I'm an assistant city attorney. The ped mall is a public place designed for pedestrian use. It is part of what is referred to as City Plaza, and its purpose and intent, as set out in §10-5-1 of the City Code, is to: (1) make City Plaza an active and attractive environment and to encourage a pleasant and aesthetic ambience designed to attract pedestrian-focused traffic and use; (2) provide the opportunity for creative and colorful pedestrian-focused activities; (3) encourage the upgrading of store fronts and the development of compatible and well-designed elements within Zone 1; and (4) limit the number of vehicles and bicycles. City Code does regulate certain conduct and activities within the the City Plaza. City Code §10-5-4 prohibits the use of bicycles and nonmotorized vehicles (which includes skates and skateboards) in the City Plaza; City Code §10-5-7 prohibits the taking of animals into City Plaza, with the exception of animals trained to assist persons with disabilities, or animals securely confined within an animal carrier. Other Code provisions regulate conduct generally, without regard to whether it occurs within City Plaza. City Code §8-5-1 (Disorderly Conduct), makes it a violation to (1) make unreasonable noise in public so as to cause a breach of the peace; (2) makes unreasonable noise in the vicinity of residences which causes distress to the occupants; (3) acts in a threatening or violent manner manner whereby a person is placed in fear of safety of the person's life, limb, or health; or the property of a person is placed in danger of being destroyed or damaged; or the lawful pursuits of another are substantially curtailed; (4) uses inflammatory language in public which the person using the language knows or reasonably should know is likely to provoke an imminent violent reaction by another; (5) places themselves in or on any public way so as to halt or impede the flow of vehicular or pedestrian traffic and refuses to clear any public way when ordered to do so; (6) commits a trespass upon public or private property with a malicious intent; or (7) willfully and knowingly acts in such a way as to disrupt any lawful assembly or gathering of people. Additionally, City Code § 8-5-2 (Begging) makes it illegal to beg, when: (1) begging is 9/12/03 accompanied by harassment, assault, or fraud; (2) is conducted in confined spaces, thereby intruding on the physical privacy of others; or (3) when conducted in an area where the activity will impair orderly movement or otherwise create unreasonable health and safety concerns. Iowa City police officers do patrol the City Plaza as part of a regular foot patrol and act when they observe violations of City ordinance or state law. However, unless the conduct of such persons is violative of the law, the police are limited in how they can respond, iowa City does not have a "loitering" ordinance, unless it fails with the prohibitions of §8-5-1 (Disorderly Conduct) or 8-5-2 (Begging). I regret that your most recent experience at the Ped Mall was not a positive one. iowa City is a diverse and eclectic community and the downtown area draws many people to it for different reasons. I hope your next experience in downtown Iowa City will be a more pleasant one. Please feel free to contact me if you wish to discuss the matter further. I can be reached at (319) 356-5030. Your e-mail, and the concerns and observations you note therein, as well as my response, will be forwarded to the City Council for Council review. ..... Original lvie~ag~ ..... From: Diane Todd [mailto:crladydi~mcleodusa.net] Sent: Thursday, September 11, 2003 11:34 PM To: council~iowa-city.org Subject: What is Happening to Iowa City's Peal Mall??? I don't know if this is the right organization that I should contact, if not please direct me to the correct person or persons. I enjoy shopping downtown Iowa City with all its unique shops and the atmosphere that it has. But the last few times I have been there visiting and sittting at the Ped Mall, I can't believe what they allow to go on there! Sure, you see all kinds of people walking around downtown,(but they are just walking to somewhere, not just hanging out for all day ...in one spot!l) but why isn't something done about the "Ped Rats" as they call them, I guess. They hang out there all day and ail nite from what I see. They are annoying, destructive, loud!! You have to walk around them, if you want to get thru the mall. Most of them are pretty scarey looking, you don't know if they are on drugs or just ignorant, or both. I guess the police hardly patrol there anymore. One afternoon when I was sitting observing all the goings on, a policeman did come by and I think he may of given one of them a ticket because they didn't have their dog on a lease and didn't say a thing to the others that were jumping around and jumping off the benches acting like idots. Also they are always asking people for money. Isn't there something like a" No Loittering Law" that could be enforced ?? Downtown Iowa City used to be such a neat place to visit with all their shops and restaurants, I just don't understand how it's gotten so out of control and why something can't be done about it. Just go and sit down there for while some time, you'll see what I'm talking about.!! I would appreciate a reply, thank 9/]2 you. Mary Todd, Cedar Rapids, la City of Iowa City MEMORANDUM Date: September 9, 2003 To: City Clerk From: Anissa Williams, JCCOG Traffic Engineering Planner ~,~'~J Re: Item for September 23, 2003 City Council meeting: Modification of on-street parking in the 200 block of South Dubuque Street As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action Pursuant to Section 9-1-3A(17), parking meters D332S, D334S, D336S, and D338S will be removed and replaced by signage indicating these four spaces are for the personal use of a private business in this area for the duration of the construction of the Coud Street Transportation Center. Comment This arrangement has been worked out as a result of litigation filed against the City by a private business in the vicinity of the proposed site of the Court Street Transportation Center. The four parking spaces which will be designated for private use will replace parking spaces being displaced by the construction of the Court Street Transportation Center. Upon completion of the Court Street Transportation Center, the four on-street spaces will revert back to 5-hour public meters. jccogtp/mem/CSTCmete rs doc City of Iowa City MEMORANDUM Date: September 10, 2003 To: City Clerk From: Anissa Williams, JCCOG Traffic Engineering Planner Re: Item for September 23, 2003 City Council meeting: Installation of one bus stop sign on Mormon Trek Boulevard As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A(19), one bus stop sign will be installed on Mormon Trek Boulevard. The sign will be located south of the driveway into All Nations Baptist Church on Mormon Trek Boulevard, near the intersection with Plaen View. Comment: This action rs being taken at the request of Iowa City Transit. jccogtp/mem/1 bustop.doc EARTHCARE DEAN CORPS C/o Dawn F4. t4uelle~' PO Box 1654 Zowa City~ ]IA 52244 3 ~.9.338.9696 dmueller@eoswind.com September 23, 2003 City of Iowa City 410 E. Washington St. Iowa City, IA 52240 A~I': City Council Members Steve Atkins, City I~lanager Dale Helling, Assistant City Manager Rick Fosse, Director, Public Works & Engineering RE: Ralston Creek Clean-up of September 20, 2003 Dear City Councilors and Staff: EarthCare Dean Corps is a team of supporters of former Vermont Governor Howard Dean. Under his leadership, we are undertaking environmental conservation projects in order to assist organizations and agencies impacted by government budget cuts during this currently distressed economy. Governor Dean has asked his supporters to help out where we can, to alleviate cutbacks in AmeriCorps funding. On Saturday, September 20, 2003, the "Earth Deans" undertook a creekwalk clean-up of Ralston Creek, in the vicinity of City Hall. Participants included Greta Anderson, Therese Guedon, Rebecca $chultz, Donna Hogan, Kate Cowles, Keith Bell, Julia Nears, E~ob Sessions, Philip Nears, Owen Sessions, Howard Weinberg and myself, plus a few other community friends who popped in to lend a hand. It took only an hour-and-a-half to pull out 1,300 pounds of refuse from the creek, filling up two pickup truck bed loads. Most of the material was metal. The materials were transported to the city landfill. Items pulled out included the following: four bicycles, an exercise bike, metal chairs, a portion of a file cabinet, a typewriter and a vacuum cleaner, as well as other scrap metal and several large containers of cans and bottles. ! am concerned that we were able to pull out so much metal out of the water in so short of time. We only scratched the surface - had we had a city duml~ truck, we likely could have filled it. Items left behind included several mattress springs and other items either too heavy, too large or too embedded in the creek bed for us to remove or transport without heavier equipment. As the materials oxidize and decay, including the paint pigments, the metals migrate into the water. Please be aware that much of the tiling that was put in place some years ago as an erosion-prevention measure is quite displaced. It may now be contributing to some erosion in some areas during periods of heavy flow, or may slightly inhibit stream flow in spots. I am also concerned about the evidence that ! am seeing in local wooded areas and under bridges that an increasing number of people without homes are seeking shelter in these areas. ! fear that in this poor economy that more persons are losing their residences and being forced to stash personal possessions as best as they can. This indicates to me that there could be a noticeable rise in the need for shelters for the homeless during the upcoming cold season. Also, given the anticipated increases in heating fuel costs this winter, it is possible that insufficient LIHEAP funds will exist to help Iow-income residents pay their fuel bills, if we have a cold winter. It is possible that Section 8 housing residents may be forced to choose between paying their utility bills and paying their rent. More and more persons on fixed incomes are finding that they can no longer stretch their dollars enough to provide for the basics of food, clothing and shelter. I would encourage the City to consider putting a plan in place to assist Section 8 tenants that cannot fully pay their portion of rent this winter, if they are to stay warm. ! believe that such persons should not be forced to go homeless if heating fuel prices skyrocket. The community should also prepare to assist senior citizens, disabled persons and families with children not on Section 8 who are on the brink of homelessness due to the bad economy, so that they do not lose their protection from the weather, if at all possible. If insufficient LIHEAP funds exist, so that persons are threatened with homelessness, it would be my hope that an arrangement could be made for MidAmerican Energy to absorb some of the cost for those at high risk, if the State runs out of funds. Additionally, I would encourage the City to consider requesting or requiring landlords to participate in energy audits and energy efficiency programs, in order to receive City rental permits, if their tenants are responsible for the utility bills. The costs of inefficient heating systems could bankrupt tenants if natural gas bills skyrocket. Many landlords may be eligible for programs that would defray the cost of installing fuel-efficiency measures. For some Section 8 tenants, the utility bills could, indeed, exceed their rent. We are pleased to serve our community. We care. ~,.~R,~s'~ectfu Ily submitted, '~Dawn M. Mueller