Bangor pushes for Patriot Act review

BANGOR – The city of Bangor on Monday night became the first community in Penobscot County and the third in the state to adopt a resolve urging Congress to amend portions of the USA Patriot Act in order to preserve individual rights guaranteed by the U.S. Constitution and Bill of Rights.

The resolve that councilors approved in an 8-1 vote in front of a sizeable crowd was not the draft staff prepared for their consideration, but rather a version hammered out earlier that day by two unlikely allies, at least on this issue: Councilor Frank Farrington, who originally opposed city councilors taking such a step, and William Sullivan, spokesman for the Bangor Committee for the Defense of the Bill of Rights. The committee first asked the council to adopt a resolve during a March 23 committee meeting.

At issue was the USA Patriot Act, which President Bush signed into law on Oct. 26, 2001, shortly after the terrorist attacks against the United States on Sept. 11, 2001. The act purportedly was designed to provide federal authorities the tools and rights to intercept and obstruct terrorism.

Critics say it dramatically expands authorities’ access to information once deemed private – such as medical, mental health, library, business, financial and school information and other records – without probable cause or proof of a crime. They say it allows authorities to conduct secret searches, telephone and Internet surveillance, grants the U.S. attorney general and secretary of state unchecked power to declare domestic groups “terrorist organizations” and allows the attorney general to subject noncitizens to indefinite detention or deportation.

Since the act was passed, an estimated 300 cities and towns, states and other government entities have adopted resolves opposing elements of the law. The list so far includes the cities of Waterville and Portland, the state of Maine, the Maine Civil Liberties Union and the Maine Library Association. Town councilors in Orono are slated to consider a similar measure in June.

A problem with which several councilors grappled was what role, if any, should the city play in trying to bring about changes in federal policy, especially where it pertained to national security.

Farrington, who noted his friendship with Sullivan went at least as far back as their children’s teenage years, was among the council minority who initially did not believe it was appropriate for the council to take a position on a federal matter.

Farrington further said he’d heard much about the act’s shortcomings but nothing about “the common good.” In some cases, he said, the welfare of all citizens was worth giving up some personal freedoms, especially if that meant preventing terrorist attacks.

On Monday, Farrington and Sullivan worked together to hammer out an alternative resolve that Farrington felt he could support because it provided a more balanced approach to the issue. Instead of condemning specific provisions of the act expanding federal authority’s investigative powers, the version the council ultimately adopted called upon Congress to closely review them “in light of the need to protect the common good and safety.”

Sullivan said he was pleased with the outcome.

“I am completely satisfied, as a member of the committee that brought this forward, that this does the job,” he said.

Scott Ruffner, also of the committee, agreed: “I would say that this resolution is important because it adds Bangor to a growing list of cities and counties that are experiencing problems with some provisions of the Patriot Act.”

Ruffner added that the council’s willingness to discuss the Patriot Act during committee meetings and at the council level helped raise awareness and educate the community on the matter.

Voting to adopt the resolve in addition to Farrington were Council Chairman Dan Tremble and Councilors Ann Allen, Peter D’Errico, Geoffrey Gratwick, Richard Greene, David Nealley and Gerry Palmer.

Councilor John Cashwell, a Vietnam veteran, cast the sole opposing vote.

“I’m going to speak for people who don’t think this is necessary,” Cashwell said.