Declaration of the University of Wisconsin – Stevens Point as a Civil Liberties Safe Zone Statute: R 4005
Whereas: the Constitution of the United States is our charter of liberty and enshrines fundamental rights of Americans, including the freedoms of religion, speech, assembly, privacy and petitioning the government for a redress of grievances; and,
Whereas: an infringement of the constitutionally guaranteed rights of any person, under the color of law, is an abuse of power, and a breach of the public trust, a misappropriation of public resources, and is beyond the scope of governmental authority; and,
Whereas: Federal counter-terrorism policies adopted since September 11, 2001, including provisions in the USA PATRIOT Act (Public Law 107-56), The Homeland Security Act (Public Law 107-296), and related Executive Orders and Department of Justice regulations and actions, have unlawfully authorized the federal government to infringe upon fundamental liberties guaranteed by the United States and Wisconsin Constitutions; and,
Whereas: the Department of Justice interpretations of the USA PATRIOT Act and related Executive Orders particularly target immigrants, including Hispanics, people of Middle Eastern and South Asian descent and citizens of other nations, thereby potentially encouraging racial profiling by law enforcement and the unintended consequences of increase in hate crimes by individuals in our community; and,
Whereas: a federal district court in California held that the USA PATRIOT Act’s prohibition on providing “expert advice or assistance” to foreign terrorist organizations is unconstitutionally vague; and,
Whereas: the Mission Statement of the Student Government Association (SGA) of the University of Wisconsin – Stevens Point (UWSP) states that the purpose of SGA is to: Uphold and implement shared governance 36.09(5) WI State Statutes; Represent the interests of the UWSP students as shall be deemed necessary; serve as the liaison between UWSP students and city government and private groups; be the sole body to allocate Student Activities Auxiliary Fees; and,
Whereas: the reaches of the USA PATRIOT Act, and the aforementioned laws, orders and regulations, has the inherent potential to impede upon the Constitutional rights of students at UWSP; and,
Whereas: UWSP and the surrounding community has experienced a large influx of immigration in recent years and as a result has an increased population of persons of color that could be targeted by the USA PATRIOT Act and related Executive Orders; and,
Whereas: the dispersal of Student Activities Auxiliary Fees to organizations by SGA can potentially be stopped by the USA PATRIOT Act due to unconstitutionally vague wording in the definition of giving assistance to foreign terrorist organizations; and,
Whereas: the Provisions of the Constitution apply in wartime just as in peacetime; and,
Whereas: 367 communities, 45 campus bodies, and four states from across the country have enacted resolutions, speaking out against these government actions, demanding accountability from local and federal government;
Therefore be it resolved: that the SGA of UWSP asserts the power granted to it by Wisconsin State Statute 36.09(5); and,
Therefore be it resolved: by the SGA of UWSP that the University of Wisconsin- Stevens Point and its employees and instrumentalities shall continue to preserve residents’ freedom of speech, religion, assembly, and privacy; the right to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures; without regard to race, ethnicity, national origin, religion, age, sexual orientation, gender, economic status, marital status, citizenship status, or disability; and,
Therefore be it resolved: UWSP and SGA urges our State Representatives and Senators, and United States Representatives and Senators to monitor the continuing implementation of the USA PATRIOT Act, the Homeland Security Act, and related subsequent legislation, executive orders, and Department of Justice regulations, and actively work for the repeal of those provisions that are found to unlawfully infringe on civil rights and liberties; and,
Therefore be it resolved: that copies of this Statute shall be sent by the Legislative Issues Director of SGA and Legislative Issues Committee within 14 days of the passage of this Statute to the President of the United States; the Attorney General of the United States; the Secretary of the Department of Homeland Security; the Governor of Wisconsin; to each member of the Wisconsin delegation in Congress; the UWSP Faculty Senate; and UWSP Protective Services; and the Chairs of the Stevens Point Council and Portage County Board.
Therefore be it resolved: that this Statute will take effect immediately upon passage by the SGA Senate body and a receipt of President Duquette’s signature.
Therefore be it finally resolved: that the SGA of UWSP declares the University of Wisconsin – Stevens Point a Civil Liberties Safe Zone on the part of and on the behalf of the students of UWSP.
Author(s): The College Greens of UWSP, Students-At-Large
Sponsor(s): Melissa Cichantek, Senator, L&S; Robert Forseth,
Speaker Pro Tempore, L&S; Connor Agnew, Senator, L&S
PASSED ON FEBRUARY 17, 2005.