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City resolution doesn't favor the Patriot Act

Supporters say it's a tool to fight terrorism; critics say it erodes civil rights. In a message to Congress, the City Council sides with the critics.

DAVID KARP
Published April 16, 2004

TAMPA - Last time he visited this city, President Bush had a clear message for local leaders:

Fix the potholes.

Thursday night, the City Council decided they had a broader responsibility - and took a stance on a national issue that puts them squarely at odds with the president. It voted 4-to-3 for a resolution asking Congress to repeal key parts of the Patriot Act.

As he campaigns for re-election, Bush has called on Congress to reauthorize the Patriot Act, which was passed after the Sept. 11, 2001, terrorist attacks.

Supporters say the law gives the government tools it needs to capture terrorists and protect the nation from attack. Critics say the law erodes basic freedoms such as privacy, freedom of speech, and freedom of association.

Thursday, the City Council, before its usual debate on zoning matters, sided with the critics.

The City Council resolution says the Patriot Act chills free speech, allows eavesdropping on conversations between lawyers and their clients and gives the government power to see what books people read. It calls on Congress to repeal parts of the Patriot Act and ensure that future laws protect civil rights.

The resolution is purely symbolic, since the City Council has no power to change legislation crafted in Washington that affects the entire nation.

About 289 other communities, as well as legislatures in Alaska, Hawaii, Maine and Vermont, have passed similar resolutions.

In Florida, heavily Democratic Broward County and the city of Sarasota, home of U.S. Rep. Katherine Harris, have passed resolutions against the Patriot Act. So has Alachua County, home of the University of Florida.

After the debate, City Council member Linda Saul-Saul beamed about the action. "Isn't council exciting? It's a pity I am not wearing red, white and blue," said Saul-Sena, who was dressed in black-and-white.

She praised the diversity of the organizations that were backing the resolution.

Council members Mary Alvarez, Gwen Miller and Kevin White, a former Tampa police officer, also voted for the resolution.

Council members Shawn Harrison and Rose Ferlita, the two Republicans on the Council, voted no. They were joined by City Council member John Dingfelder, a Democrat who represents the south Tampa district that includes MacDill Air Force Base.

The presence of MacDill Air Force, home of Central Command, which is guiding the war in Iraq, served as a backdrop to Thursday's debate.

Opponents said the resolution would undermine the president during a time of war and weaken the country's fight against terrorism.

"I think this sends a terrible message to MacDill," Ferlita said afterward.

Supporters said the resolution shows that Americans can fight for freedom at home, even as its soldiers battle for democracy abroad.

"If I thought anything we were doing would not support the troops, or (would) aid the enemy, I wouldn't do it," said Mike Pheneger, a retired Army colonel who served 30 years in the military and spoke Thursday against the Patriot Act.

Pheneger is a national board member of the American Civil Liberties Union.

A coalition led by Pheneger and prominent criminal defense lawyer Rochelle A. Reback worked for months to build support for the resolution. They got endorsements from groups such as the Tampa Chapter of the National Council of Jewish Women, the Unitarian Universalist Church of Tampa and the Arab American Student Alliance at the University of South Florida.

By passing the resolution, Reback told council members Thursday that they could speak for the city's conscience.

The resolution "is largely symbolic, but the issues it addresses are really core concerns of local government - declaring our strong support for civil liberties, privacy and diversity, affirming our conviction that we in Tampa will not sacrifice our freedom for our safety - nor should we have to - ensuring that security and freedom are the twin ideals promoted by local government at home," Reback said.

"All of these things speak out to the world about who are in Tampa, and how we envision our community life and our priorities."

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