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Thursday, July 17, 2003

By Lillian Thomas, Post-Gazette Staff Writer

Opponents of a controversial federal anti-terrorism law are trying to make Pittsburgh the next local government to fight legislation with legislation.

Members of the Pittsburgh Bill of Rights Defense Campaign will meet with City Council in the next few weeks to promote a measure that would call on local authorities to resist provisions of the USA PATRIOT Act that they say infringe on civil rights.

Similar measures have been passed in 139 municipalities and states across the nation.

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act was passed 45 days after the Sept. 11, 2001, attacks in an attempt to protect Americans against more of such horrors.

The act meant to attack terrorism is flawed in ways that make it instead an attack on the Bill of Rights, according to groups concerned about civil liberties infringements.

"What's happening is that under a very vague definition of terrorism the government is getting new abilities to wiretap and to monitor e-mail and Web sites without court orders," said Allison Smith of the Bill of Rights Defense Campaign, which wants Pittsburgh City Council to pass a "Local Resolution to Protect Civil Liberties."

The American Civil Liberties Union, which has supported such resolutions around the country, pairs USA PATRIOT provisions with U.S. constitutional amendments, contending that:

*The broad definition of "domestic terrorism" could be used to harass or destroy political or religious organizations with wiretapping, surveillance and seizure of assets, thus undermining the First Amendment right to free speech and assembly

*A provision that allows "sneak and peek" searches in which the owner of the property being searched is not notified, as well as provisions that allow searches without probable cause abridge the Fourth Amendment freedom from unreasonable searches.

*Provisions that allow detention without charges and without access to an attorney deprive people of Sixth Amendment due process rights.

A movement that started when Ann Arbor, Mich., passed a resolution Jan. 7, 2002, has grown steadily. Alaska, Hawaii and Vermont have passed statewide legislation, and as of Tuesday, 136 municipalities and counties -- including Philadelphia, Baltimore, Albany, N.Y., Minneapolis and Reading -- had passed resolutions.

The ACLU has a template, but each municipality adapts it according to local government structure and philosophy, said Barb Feige, director of the Greater Pittsburgh Chapter of the ACLU. Some are statements of opposition to certain measures of the USA PATRIOT Act, while others go much further.

"In lots of communities, the resolution is philosophical. It says, 'We oppose these things,' " said Feige. But others, including the one proposed here, "call for action, or actually nonaction. It is asking local authorities not to cooperate with federal authorities" when it involves abridging citizen's rights.

"And if they have to cooperate," said Smith, "that they report what they are doing to city officials."

For example, the draft resolution recommends that all libraries prominently post a notice reading: "WARNING: Section 215 of the federal USA PATRIOT Act (Public Law 107-56) greatly expands the authority of federal agents to obtain records of books and other materials you borrow from this library. This law prohibits librarians from informing you, should records about you be obtained by federal agents."

Another asks police to refrain from surveillance of groups engaged in religious or political advocacy activities, and another provision calls on schools and universities to advise individuals when federal agents obtain their records.

Council President Gene Ricciardi said yesterday he will schedule a post-agenda meeting to discuss the resolution.

"The intent of the resolution I'm very much in support of. I believe our Constitution and Bill of Rights should not be trampled on," he said.

"However, the fact that resolution is actually directing our authorities to take some steps gives me pause." He said the measure would have to be studied "line by line" before council proceeds.

"We're not going to break the law in order to proceed, but I don't want our police officers being partners with the federal government in trampling on rights of citizens."

In addition to pushing for local legislation, the ACLU is mounting a public education effort, said Feige. This is a departure from the organization's more usual tactic of court action.

"You don't think of the ACLU as proactive, but this is the biggest public education effort we've ever undertaken," she said.

When people learn about the details of the USA PATRIOT Act, they are typically surprised at the scope and object to certain provisions, she said.

People across the political spectrum have expressed opposition, said Tim Vining, executive director of the Thomas Merton Center, which is also involved.

"It's not ideological. It's about privacy rights, the right to an attorney, the right to due process," he said. "We find the left and right meeting around some of these issues."

The Bill of Rights Defense Campaign is hosting a town meeting at 7 tonight in the University of Pittsburgh's David Lawrence Hall auditorium. Speakers are Matt T. Bowles, the national ACLU's 9-11 organizer, and Jeanne E. Herrick-Stare, senior analyst on civil liberties for the Friends Committee on National Legislation.