City approves resolution against USA Patriot Act

Independent Record | December 7, 2004
By Jason Mohr

Helena city commissioners went on record Monday night, narrowly passing a resolution critical of the USA Patriot Act.

The 3-2 vote "protecting the civil liberties of the citizens" sends what Mayor Jim Smith said is a message that Helenans have "deep concerns and unrest" over the act.

The six-page resolution takes issue with the controversial legislation, lauds the Helena Police Department for its good efforts protecting civil liberties, and asks city staff to provide periodic reports on local terrorism investigations. (The resolution can be found on the city Web site, www.ci.helena.mt.us.)

Supporters of the Helena Patriot Committee wore green lapel signs reading "I support a free and safe Helena" in Commission Chambers. After the outcome, they hugged each other in the hallways.

"(The vote) says that the commission truly listened to Helena citizens," said Diane Carlson Evans, a former Army nurse and committee co-chair. The resolution has substance and accountability, she said.

Earlier in the evening, U.S. Attorney Bill Mercer of Billings poked holes in the resolutions' concerns. Congress will consider extending parts of the legislation next year.

The Patriot Act doesn't give the FBI or other federal agents "unchecked authority," Mercer said, but formalizes practices that courts have upheld. Agents routinely monitor Internet chat rooms to bust child molestors, and judges give latitude to aid organized crime investigations, he said. Grand juries already can ask for certain library records, he said.

But every other speaker in the audience told the commission how the resolution needed to be passed. Several took issue with Mercer's comments.

Helena attorney Samantha Sanchez said judicial oversight is limited by the Patriot Act, and people targeted for search are unaware. Resident Polly Pfister said discounting Helena's civil liberties resolution as an emotional response is on par with Congress' emotional response when they passed the act. Former Montana Supreme Court Justice Bill Hunt said "there's nothing wrong with us telling the government...what we believe and what we stand for."

Commissioners Tom Pouliot and Marc Parriman opposed the resolution because they were worried a section affirming police procedures could invite a lawsuit. City Attorney David Nielsen and Chief Troy McGee expressed those concerns last month. That language was tinkered with Monday night, which won Nielsen's support, but did not win over the commissioners' votes.

Smith said since the 9/11 terrorist attacks, the United States no longer has historic natural barriers to protect it. The resolution ensures that Helena is free, but a lot must be done "to keep us free and safe," he said.

The Helena Patriot Committee first lobbied for its "Resolution for a Free and Safe Helena" in October. Since then, the group has gained the support of 773 Helenans. Commissioner Paul Cartwright also took an active role in the effort.

Monday night's measure was passed after a town meeting and some compromising, Evans said.