Loading...
HomeMy WebLinkAbout24-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Councilman Chas Kelley Fifth Ward Subject: Recovery of Fees Incurred by the San Bernardino Police Dept. for Monitoring the Protest Rally held March 27 and 28, 2006 Dept. Council Office Date: March 28, 2006 ORIGINAL MCC Date: April 3,2006 Synopsis of Previous Council Action: Recommended Motion: To discuss and take possible action. Contact Person: Councilman Chas Kellev Phone: 5278 Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: Source: fAcct. No.1 fAcct. DescriDtion1 Finance: Council Notes: Agenda Item No. Before . Page 2 of6 Comments by Mayor Patrick J. Morris - City of San Bernardino Let me make very clear why the idea of "sending a bill" for costs this city incurs when its citizens exercise their fundamental right to peacefully petition the government is without merit and is fundamentally at-odds with the principles on which this country and our democratic government are founded. Caleb Cushing was one of America's great early statesmen. He served as a Congressman from Massachusetts for many years, as chief Justice of the Massachusetts Supreme Court, and then as Attorney General under President Franklin Pierce. In 1836, during a fierce debate in Congress regarding a proposal that would have banned Congress from spending any time or resources on considering the petitions Congress had received advocating the abolition of salvery, Mr. Cushing made a timeless speech on the fundamental right of the People to petition their government and the obligation of government to hear such petitions and not erect barriers that would inhibit the People from exercising this inalienable right. Government's first and foremost duty, said Cushing, is to lend an attentive and respectful ear to the petitions of the People because "the right of petition ... was not conferred on the People by the Constitution, but was a pre-existing right, reserved by the People out of the grants of power made to government." After quoting the First Amendment that government "shall make no law abridging the right of the People to peaceably assemble and to petition the government for a redress of grievances," Cushing gave an eloquent elucidation as to the broad sweeping meaning of this language. Said Cushing: 4/5/2006 Before . Page 3 of6 "The right of petition, therefore, is not a privilege conferred by the Constitution. It is recognised as a pre-existing right, already possessed by the People, which they still reserve to themselves, and to which [government] shall not so much as touch with the weight of a finger. The People, in their Constitution, say to [government],--We place in your hands our right and power of collecting a revenue to provide for the common defence and general welfare of the Union; our right and power to regulate commerce, to coin money, to declare war, and to raise and support armies and navies for its prosecution. Upon these and other subjects you may exercise the discretion, which we repose in you by virtue of our Constitution. But this you shall not do ... you shall make no law prohibiting the free exercise of religion, or abridging the freedom of speech or of the press; or the right of the People peaceably to assemble and petition the government for a redress of grievances. These our great natural rights we keep to ourselves; we will not have them tampered with; respecting them we give to you no commission whatsoever." Last week we witnessed in our city what has become perhaps an all too rare occurrence in this great nation -- the People petitioning their government for redress of grievances. And perhaps even more astonishing, in an age when we point a finger at our younger generation and often cry "apathy" and "unengaged," we witnessed the youth of this city coming together to express their views and petition their government regarding a proposed law that would affect their families, livelihood, and community. As Mayor, when I was informed early last Monday morning that our youth 4/5/2006 Before . Page 4 of6 would be walking to City Hall in an effort to make their petition heard, I instructed our police officials that our first and highest duty as government was to ensure that our children would be safe while exercising their constitutional right, and that the peace would be maintained as provided for by our constitution. To this end, both the police and the students did an exemplary job of demonstrating the beautiful vision our founding fathers enshrined in our Constitution, that if the People are given the right to petition their government, and the government lends an attentive and respectful ear to their petitions, the peace will be maintained. It was democracy at work in its most elegant form. In response to this exercise of inalienable rights, however, some have suggested our government should send a bill to those who could have locked the campus gates and prevented the children from petitioning their government. I leave to another day a discussion of the chaos and problems that could have sprung from such an oppressive tactic - for today we are only considering the propriety of government taking an action intended to discourage the People from peaceably assembling and petitioning their government. Make no mistake, "sending a bill" to the school district for costs the city incurs when its People petition their government is the very burden on fundamental rights that Caleb Cushing and our founding fathers fought so vehemently to prevent. "Sending a bill" delivers a clear message to our citizens that government considers the exercise of the right to peaceably assemble and petition a burden. Instead of lending an attentive and respectful ear to the People's petitions, the government will send them a bill. Instead of considering the right to peacefully petition the government as inalienable "to which 4/5/2006 Before , Page 5 of 6 [government] shall not so much as touch with the weight of a finger," the government will consider such action a nuisance to be discouraged and burdened. In defense of their proposition to "send a bill," some have said that our youthful petitioners are no different than the theives, vandals, and hoodlums who ravaged our streets and businesses several weeks ago after a punk rock concert. To equate children peacefully assembling to petition their government for change, with a profit-making venture that gave rise to an alcohol-fueled riot that brought mayhem and destruction to our community, is an affront to all those who have fought for the principles on which this country is founded. May I remind these voices that we are a government of the People, by the People, and for the People . .. and when the People peacefully assemble to make their voice heard, it is our duty in government to attentively and respectfully listen, not discard them as troublemakers and dissidents. Others have said that these petitioners should have exercised their right to petition at a more appropriate time or in a more appropriate manner. I remind these people that the percipient language to the right of the People to peititon their government, is the right of the People to peaceably assemble. What occurred last week was a peaceable assembly of hundreds, if not thousands, of children for the purpose of petitoning their government. That government should EVER discourage or burden such a fundamental and quintessentially democratic action, is shameful. Are there consequences to the manner in which the children decided to make their petition heard? Sure there are. They had a legal obligation to be in school, and the school district will determine the 4/5/2006 Before . Page 60f6 appropriate response for the children who disregarded that legal obligation. But when these students left their campuses to legally assemble at City Hall and exercise their inalienable right to make their petition heard, it is government's duty and obligation to keep the peace and respectfully listen to those from whom government receives its authority and power -- not to turn a deaf ear and simply hand out a bill. 4/5/2006