Population (2000 Census): 2,221
Date Passed: 03/04/03
A Resolution of the Town Council of the Town of Telluride, Colorado expressing the commitment of the Town of Telluride to civil rights and liberties and establishing a Civil Liberties Safe Zone: RESOLUTION NO. 9, Series of 2003
Approved by: Telluride Town Council
WHEREAS, following the attacks on the United States of September 11, 2001, the Congress passed the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USAPATRIOT) ACT (PL107-56) on October 26, 2001; and
WHEREAS, the provisions of the USAPATRIOT Act expand the authority of the federal government to detain and investigate citizens and non-citizens, engage in electronic surveillance of citizens and non-citizens, perform searches and seizures without demonstrating evidence of probable cause and without timely showing a relevant warrant; and
WHEREAS, many people throughout communities across the nation, including Telluride, are concerned that certain provisions in the USAPATRIOT Act, Executive Orders and other post 9-11 legislation threaten civil rights and liberties guaranteed under the United States Constitution; and
WHEREAS, the Town of Telluride has been, and remains committed to the protection of civil rights and liberties for all people as expressed in the United States and the Colorado Constitutions; and
WHEREAS, the policy of the Telluride Marshal’s Department is that all detentions or stops must be supported by reasonable suspicion that a crime has been committed or is about to be committed, and that all arrests and searches of person and/or property by officers in Telluride must be conducted in compliance with the Fourth Amendment of the U.S. Constitution and Article II, Section 7 of the Colorado Constitution; and the Mayor, and Chief Marshal have confirmed to the Council that this policy is and will remain in full force and effect; and
WHEREAS, the policy of the Telluride Marshal’s Department is, further, that officers shall not consider ancestry, race, ethnicity, national origin, color, age, sex, sexual orientation, gender variance, marital status, physical or mental disability, or religion as a sole basis for establishing reasonable suspicion, probable cause, or a basis for requesting consent to search, and the Mayor, and Chief Marshal have confirmed to the Council that this policy is and will remain in force.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TELLURIDE, COLORADO:
Section 1. That the Town of Telluride has been, and remains, firmly committed to the protection of civil rights and civil liberties for all people.
Section 2. That the Town of Telluride affirms the following principles: (1) every person has the right to be free from unreasonable search and seizure, (2) neither stops nor arrests may be made without establishing reasonable suspicion or probable cause that a crime has been committed or is about to be committed, (3) every person has a right to equal protection under the law and the right not to be deprived of life, liberty, or property without due process of law, and (4) every person has the right to free speech and freedom of association as provided for under the First Amendment of the United States Constitution and court opinions thereon.
Section 3. That when the Town of Telluride engages in public safety intelligence gathering as a part of law enforcement and of national security, the Town of Telluride intends that such intelligence gathering comply with the following policy: No information about political, religious or social views, associations, or activities may be collected.
Section 4. That the Town of Telluride reaffirms Telluride’s commitment to human and civil rights as outlined in the Town of Telluride Ordinance Prohibiting Discriminatory Practices and its commitment to unbiased policing as expressed in the policies of the Telluride Marshal’s Department. The Town of Telluride firmly adheres to the principle that no law enforcement agency, or other town agency, may provide or discriminate against any person solely on the basis of ancestry, race, ethnicity, national origin, color, age, sex, sexual orientation, gender variance, marital status, physical or mental disability or religion, nor shall Town of Telluride agencies assist other agencies in practices that violate these policies.
Section 5. That the Town of Telluride affirms its strong opposition to terrorism, but also affirms that any efforts to end terrorism not be waged at the expense of essential civil rights and liberties of the people of Telluride, the United States and the World.
Section 6. That Staff is directed to send copies of the resolution to President George W. Bush, Attorney General John Ashcroft, U.S. Senator Wayne Allard, U.S. Senator Ben Nighthorse Campbell, U.S. Representative Scott McGinnis, Governor Bill Owens, State Senator Jim Isgar, State Representative Ray Rose, San Miguel County Board of County Commissioners, and the San Miguel County Sheriff’s Department.