challenge to USA Patriot Act underway
Meridian Township is just the first target of an effort by civil liberties
groups to limit local police compliance with the USA Patriot Act.
In a public hearing of the Meridian Charter Township board Aug. 19,
Stacy Hickox, who chairs the Capital Area Freedom Defense Coalition,
presented a resolution to protect civil liberties.
Similar resolutions are expected to be presented to the Lansing and
East Lansing City Councils and the Ingham County Board of Commissioners
The coalition is asking the Meridian Township Police Department to provide
advance notice when executing a search warrant; to refrain from stopping
drivers to investigate without particular suspicion; to refrain from
utilizing religion, ethnicity or national origin as a factor in selecting
suspects; and to assist with federal immigration matters “only
when such law enforcement would further local law enforcement goals.”
America 154 cities, towns and counties have passed similar civil liberties
resolutions, including Detroit in December 2002 and Ann Arbor in January
Hickox said the group chose Meridian Township because of the “alarming”
level of secrecy about stopping, interrogating and arresting persons
who would not otherwise be legally subject to a search warrant, as well
as policies regarding racial and religious profiling.
In May 2003, Hickox met with Meridian Township Police Chief Gary Gibbons
to examine police profiling ordinances. “He assured me that there
were ordinances that protected civil liberties. But when I asked to
see those policies, he didn’t show me any,” the Okemos attorney
Chief Gary Gibbons
branch of ACLU filed a Freedom of Information Act request on behalf
of the coalition for more information about police enforcement of the
Patriot Act. The request was denied by Cindy Cummings, the township’s
FOIA coordinator, who wrote that satisfying the request would disclose
law enforcement techniques. In a letter to the ACLU, Cummings quoted
a section of the Michigan Freedom of Information Act to support the
The ACLU argues that the township has cited the exemption provision
incorrectly, since the ACLU didn’t request any “investigation
records” but only asked for “policies.” In a letter
protesting the denial, Hickox and Henry Silverman, president of the
ACLU Lansing branch, replied: “No public body, including a police
department, has the right to exempt access to its policies from the
public.” Silverman said that the ACLU believes it could win a
legal case against the township, but would prefer not to sue to gain
access to the records. “It is such behavior on the part of police
that has so alarmed citizens,” he said.
The coalition and ACLU claim that federal legislation has drastically
expanded the powers of government since 9/11, permitting drastic invasions
of privacy, such as the FBI’s surveillance of library and bookstore
records and the prosecution of anyone who reveals that a search is taking
said that the coalition was formed in response to the Patriot Act, which
defines terrorism so broadly that any political or religious organization
could become subject to its surveillance, wiretapping or criminal prosecution,
without notification of charges.
During last week’s public hearing in the Meridian Municipal Building
on Marsh Road, Hickox urged Meridian Township’s seven board members
to pass a resolution protecting the civil liberties of residents. “This
is all about open government.You need to be open!”
Silverman added that if policies protecting citizen’s civil liberties
did in fact exist, “then why would anybody oppose a resolution
that essentially substantiates them?”
Chief Gibbons, who also attended the meeting, said that his officers
support citizens’ constitutional rights. “We require officers
to protect the rights of all persons by strictly prohibiting biased
profiling in traffic contexts, and other discretionary actions. Stops
and enforce protect the rights of all persons by strictly prohibiting
biased profiling in traffic contexts, and other discretionary actions.
Stops and enforcement activities must be based on conduct, and supported
by reasonable suspicion,” he said.
Anne Woiwode asked Gibbons if he’d be willing to assist in drafting
a resolution that addressed both the civil rights groups’ concerns
and the interests of law enforcement, the police chief replied, “Yes,
certainly.” Gibbons said his only concern was that a civil rights
declaration could back police officers into a corner. “If you
force them into a position where they violate either one law or the
other, and there is no other option, I will speak against that.”
Woiwode said the police chief has a point in that he will need to lead
local law enforcement during a time when protecting the Constitution
“might be at odds with following federal laws, and that our police
officers might not be equipped to make that choice.” Woiwode said
they would work with Gibbons in the upcoming weeks to get a resolution
Dolly Schmidt, a board member of the Lansing ACLU, said she was happy
about the outcome of the public hearing. “It moved beyond what
I expected. I think Chief Gibbons knows that he’s got to do more.
We won a little victory here,” the Okemos resident said.
next step, ACLU and the coalition plan to make their case against the
Patriot Act in front of Lansing and East Lansing City Councils, and
the Ingham County Board of Commissioners, possibly in September.
East Lansing’s police chief, Louis Muhn, said no one has contacted
him regarding a civil liberties resolution and that he hasn’t
heard about the Meridian civil rights resolution. Muhn declined additional
comment on what he said he believed was a political issue. “The
USA Patriot Act has everything to do with the federal government, but
nothing to do with local law enforcement,” Muhn said.
Lansing police press spokesman Ray Hall said he welcomes the ACLU’s
involvement in the issue. Hall argued that generally any law can be
abused. “On the face of it, the USA Patriot Act is sound. If it’s
abused by randomly targeting citizens and violating their privacy, then
we all ought to have an issue with it.” Hall said he wasn’t
aware of any such abuse cases but said that if there were any, “the
ACLU would know.”
The Lansing ACLU has scanned government memos describing the new police
powers, and made them available to the public on its Web site. The organization
said the files, which were obtained through a Freedom of Information
Act request in March 2003, show that the FBI is conducting wiretaps
and secret searches in their criminal investigations without complying
with the usual probable- cause requirements and that the FBI is aggressively
using trap-and-trace devices to track telephone calls and e-mails.
Hall said that Lansing police typically deal with the FBI during fugitive,
homicide, rape and drug cases.
The captain said that the only time Lansing police dealt with the FBI
regarding terrorist activities was shortly after 9/11, when they assisted
the FBI in conducting interviews with young men, aged 18-24, who were
from nations with known Al-Qaida networks in operation.
The ACLU has created a special Web feature with sample copies of
the censored documents and government memos describing the USA Patriot
Act new powers, at www.aclu.org/patriot_foia
The Bill of Rights Defense Committee provides a tool kit for making
your city or town a Civil Liberties Safe Zone: www.bordc.org/patriot2.htm
the police consulted with the ACLU prior to conducting these interviews
and agreed to help the FBI only under the condition that police officers
didn’t have to ask questions regarding political affiliations
of the interviewees and that the interviews were conducted voluntary.
He said no arrests were made following the questioning, nor did the
incident lead to any further investigations.
When asked about procedures regarding police cooperation in federal
investigations, Hall said, “Each case has to be weighed on its
own merits. In that particular case we weighed the fact that we knew
Lansing was mentioned as a possible target in information obtained in
Afghanistan from Al-Qaida headquarters, against the possible violation
of civil liberties.”
On Aug. 19, U.S. Attorney General John Ashcroft started a four-week
tour of 18 cities, including Detroit, in defense of the USA Patriot
Act. The ACLU criticized the tour, questioning the agency’s use
of public money to counter public concern about the expansion of federal
surveillance powers. “An attorney general going on the road, away
from his official duties, to favorably spin policies violative of civil
liberties is troubling to say the least,” said Laura W. Murphy,
director of the ACLU Washington legislative office.
When Ashcroft spoke to about 100 members of Michigan’s law enforcement
community in downtown Detroit Aug. 21, 50 demonstrators rallied outside
Cobo Hall. The protesters included representatives from the Michigan
ACLU, the Dearborn-based Blue Triangle Network, the Detroit chapter
of the antiwar coalition ANSWER, and the Michigan Emergency Committee
Against the War in Iraq. Protesters chanted: “Ashcroft go home.
Down with the USA Patriot Act.”
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