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Cartoon by Herblock, Washington Post, June 17, 1949.
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Ohio Patriot Act
Please email Ohio House Speaker Jon Husted now.
You'll be joining 2,726 other Ohioans who have sent him handwritten letters, emails, postcards, and petitions as of June 10.
Sub S.B. No. 9, As reported by the House Transportation, Public Safety and Homeland Security Committee, June 15, 2005.
Sub S.B. No. 9, June 3 version, full text, 330 KB pdf. Analysis, Sandy Buchanan, Ohio Citizen Action, June 10, 2005.
Sub S.B. No. 9, as passed by the Ohio Senate, March 9, full text, 340 KB pdf. Analysis, Sandy Buchanan, Ohio Citizen Action, April 4, 2005.
COLUMBUS -- "The section of the Ohio Patriot Act in question requires anyone doing business with the state to sign an oath stating they are not terrorists, do not employ terrorists and has never materially supported terrorist groups... The bill was passed out of the Ohio General Assembly on Dec. 14, 2005 and signed by Governor Taft on Jan. 11, to be effective April 14. The bill was strenuously debated for most of 2005, with groups such as the League of Women Voters and Ohio Citizen Action opposing the act," North Country Gazette.
COLUMBUS -- Groups Oppose Ohio Patriot Act, "Ohio Citizen Action doesn't like it either, saying, We've always thought it's silly to sign something that says, Im not a terrorist. If you are a terrorist, you're likely to do whatever it is you planned on doing, and you're also getting into civil liberties issues," Eve Meuller, Ohio News Now.
MORE ON OHIO PATRIOT ACT
COLUMBUS -- "A House committee recommended the bill for passage 9-3 Wednesday, with some changes from the version the Senate unanimously approved in March," Associated Press.
COLUMBUS -- "Who lobbied the sponsor to add these exemptions? On this last question, I can think of only two possible answers: It may have been officials at a state investment agency that wants to retain the option of making terrorist-related investments. If so, let them appear before this Committee, in public, and explain why. Or, it may have been lobbyists for companies that provide material assistance to terrorist organizations that also want to be able to do business with the State. If so, let them appear before this Committee, in public, and explain why," prepared testimony on Substitute Senate Bill 9, Catherine Turcer, Legislative Director, Ohio Citizen Action, before the Ohio House Committee on Transportation, Public Safety and Homeland Security.
- Update: Unfazed, the Committee passed the Ohio Patriot Act tonight. It now goes to the House floor, a House-Senate Conference Committee, back to both houses, and on to Governor Bob Taft's desk.
Getting IDs would be tougher under state Patriot Act
COLUMBUS -- "Senate Bill 9, nicknamed the Ohio Patriot Act by critics, would require anyone to show identification when asked by police on a bridge, at the airport, train station or any other 'critical transportation infrastructure.' The bill is confusing, vague and 'effectively writes discrimination into the laws of Ohio,' according to Jeffrey M. Gamso, legal director for the American Civil Liberties Union of Ohio. While the House has substantially rewritten the Senate version, not everyone is convinced that it's any better. 'The new version of (Senate Bill 9) is still a can of worms. In fact, a few new worms have been added,' said Sandy Buchanan, executive director of Ohio Citizen Action in a letter to House leaders. 'It has no business going into the Ohio Revised Code,'" Jon Craig, Cincinnati Enquirer.
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Steve Reinhard (Bucyrus), Chair, Ohio House Transportation Committee
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- Sub. S.B. 9, June 3 version, full text, 323 KB pdf.
May 9: Legislators push harsher eco-terrorism penaltiesCOLUMBUS -- "Though arson, vandalism, assault, break-ins and other tactics by radical animal rights activists and environmentalists are already illegal, some officials want to take punishments a step further. A national group of conservative state lawmakers has been promoting laws creating a separate offense of eco-terrorism since 2003, when California passed such a law. Similar bills have died in Texas and Arizona, and others are pending in Pennsylvania, New York and Missouri. Republican state Sen. Jeff Jacobson of Ohio included the language on animals in a bill that would outlaw many activities considered domestic terrorism, such as donating money to groups on the U.S. Department of State’s list of terrorist organizations. Only a small percentage of the FBI’s active terrorism investigations in Ohio involve environmental activists, but they are increasing," Columbia Daily Tribune.
What makes for a safer neighborhood and what this bill would do
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Teresa Mills
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ATHENS -- "Athens legal officials say a proposed Ohio law that will force individuals to provide their name, age or address upon request by police officers might violate citizens' right to avoid self-incrimination," Matt Zapotosky, Post.
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This cartoon about the USA Patriot Act could have been drawn with the Ohio Patriot Act in mind.
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COLUMBUS -- Patriot Act worries animal activists, Aaron Marshall, Other Paper.
COLUMBUS -- At 4:30 PM today, the Ohio House Transportation, Public Safety and Homeland Security Committee, chaired by Steve Reinhard (Bucyrus), will take up the Ohio Patriot Act, Sub. S.B. 9, hearing sponsor testimony. Here is a sample of opinion from the Ohio newspapers that have chimed in so far:
"Barney Fife would love this bill. . . Protecting our nation from terrorism is necessary. But it's highly questionable that Ohio needs such a 'me-too' law trailing in the path of the federal Patriot Act. Ohio has plenty of critical problems, but as far as we're concerned, this Ohio Patriot Act doesn't address any of them. The legislature should be working on the state's real troubles," Lorain Journal, March 1, 2005.COLUMBUS -- Sponsor testimony, Sen. Jeff Jacobson, to Ohio House Transportation, Public Safety, and Homeland Security Committee, 44 KB doc. Attachments: Responses to Ohio Citizen Action's 'concerns' about S.B. 9, 33 KB doc, Responses to ACLU arguments, 23 KB doc.
Apr 19: Meeting opposing Ohio Patriot Act
BEAVERCREEK -- "The Ohio Chapter of the Council on American-Islamic Relations (CAIR-Ohio) will be holding an informational event to discuss Senate Bill 9, known as the 'Ohio Patriot Act'. We invite you to join us. Senate Bill 9 was passed by the Senate relatively quickly. Our goal is to give members of our community a chance to learn about the bill and voice their concerns before it is passed with the same haste in the House. Local members of Ohio House of Representatives have been invited. The meeting will be held Wednesday April 20 at 7:00 p.m. at the Muslim Community Center (Dayton Islamic School) located on 3662 E. Patterson Road in Beavercreek. Senate Bill 9 is an expansion of the USA Patriot Act. The original version requires you to disclose any donation or material support ever given to any organization deemed `terrorist' by any Federal authority. It confuses immigrants and aliens with terrorists. It also requires you to provide your name, address, or date and place of birth to a law enforcement officer based on suspicion. Please show your support by attending and spreading the word," Ohio Chapter of the Council on American-Islamic Relations.
MEMO TO: Jeff Jacobson, Ohio Senate President Pro Tem and sponsor of the Ohio Patriot Act Please read the following story. It is a good example of what happens when you start mixing 'homeland security' with protecting polluters. Is this what you want? |
Apr 8: Antioch New England study trip sparks political harassment in Louisiana;
Respected environmental advocate forced out of job by Attorney General
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Willie Fontenot
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Jeff Jacobson, Ohio Senate President Pro Tem and Ohio Patriot Act sponsor
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DAYTON -- "In our zeal to stop the illegal trade in drugs in this country, we have watched our Fourth Amendment right to be free of unreasonable searches and seizures chipped away. Today, in all practicality, there is no longer any expectation of privacy when driving an automobile in America. There is no Fourth Amendment if you’re in a car. It is not a stretch to argue that what the war on drugs did to the Fourth Amendment is what the Ohio Patriot Act could do to our First Amendment right to peaceably assemble. This legislation further erodes our right to be free from the state stopping us and demanding to know who we are without any other probable cause to suggest that we were up to no good," David H. Landon, Dayton City Paper.
DAYTON -- Debate: Who is undermining our civil liberties?. "A swift effort by Ohio State Senator Jeff Jacobson helped to pass a spine-chilling bill named the Ohio Patriot Act in March. It now stands before the Ohio House in all of its anonymity," Gabrielle Williamson, Dayton City Paper.
CLEVELAND -- "Sub. S.B. 9 leaves no room for a constructive resolution like this. It simply allows managers to keep from public view indiscriminately anything they declare to be a 'vulnerability assessment.' There is a far greater likelihood of neighbors being harmed by accidents at these facilities than by a terrorist attack, as events last week in Texas City demonstrated. We should be doing all we can to make the facilities safer, not providing excuses to withhold information that is of legitimate interest to neighbors," Sandy Buchanan, Executive Director, Ohio Citizen Action, memo to Steve Reinhard, Chair, Ohio House Committee on Transportation, Public Safety and Homeland Security, 46 KB doc.
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Sen. Marc Dann
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TOLEDO -- "Trying to justify an anti-terrorism measure unanimously approved by the Ohio Senate is like nailing Jell-O to a tree. Can't do it. While it is certainly not the first time state lawmakers have rushed to pass legislation that lacked solid moorings- the anti-gay marriage issue comes to mind - the urgency in passing this particular bill is as hard to justify as its substance.
It appears from the onset that the bill, less about necessity and more about politics, was not especially driven by overriding concerns about the state's ability to fight terrorism. Regrettably, it bears some of the same knee-jerk overkill markings of the federal Patriot Act that likewise stomps on the very personal freedoms it purports to protect. . . .Besides lumping aliens with terrorists, the measure also tamps down on some information now available under the Ohio Public Records Act. It exempts material relayed to law enforcement by chemical plants and other 'critical infrastructure facilities' about security vulnerabilities and worst-case scenarios. ACLU legal director Jeffrey Gamso says the Senate bill not only duplicates many elements of federal law but it also 'enshrines discrimination in attitude and fact into our law.' But it looks good for lawmakers eager to throw their weight around by concocting bad policy to blatantly exploit public anxiety for political gain. Ohioans need extra protection, all right, not necessarily from terrorists but from fear-mongering politicians in Columbus," editorial, Toledo Blade.
COLUMBUS -- "The Humane Society of the United States opposes using violence in the name of protecting animals but considers the bills too broad, lobbyist Julie Janovsky said. New York and Missouri proposals would outlaw videotaping without permission at farms and labs. "At the root they are trying to prohibit investigations into animal cruelty," Janovsky said," Associated Press.
Ohio Citizen Action presses the point
COLUMBUS -- On Monday, Ohio Citizen Action renewed its open-records request to find out who wrote the pending Ohio Patriot Act, after sponsor Sen. President Pro Tem Jeff Jacobson (Butler Township) denied having any relevant records. Last week, Ohio Citizen Action's executive director Sandy Buchanan filed an open-records request with Jacobson, saying "Voters -- and House members now considering this bill -- need to know what happened in the drafting process to produce a bill whose content is so at odds with its stated purpose. In short, who wrote this bill? Pursuant to Ohio Public Records law, Ohio Citizen Action formally requests the names of all the people who either wrote sections of the bill, provided you with pre-drafted sections, or with whom you consulted." Replying on Jacobson's behalf, Mary Amos Augsburger, Legal Counsel, Senate Majority Caucus, told Buchanan "After a thorough review of the records in Senator Jacobson's office, we have found no public records responsive to your request."Mar 22:
Who wrote the Ohio Patriot Act?
Ohio Citizen Action files open records request
CLEVELAND -- "Ohio Citizen Action today filed an open-records request with the sponsor of the pending Ohio Patriot Act, Senate President Pro Tem Jeff Jacobson (Butler Township, Montgomery County). Executive Director Sandy Buchanan said Ohio's largest environmental organization wanted the names of all the people who either wrote sections of the bill, provided Jacobson with pre-drafted sections, or with whom he consulted. Buchanan said, 'From the point of view of our members, the bill would not increase their safety from terrorism, would make it harder for them to protect themselves from toxic and radiation hazards, and would introduce into state law provisions which are wholly irrelevant to the topic, like 'animal and ecological terrorism.' Voters -- and House members now considering this bill -- need to know what happened in the drafting process to produce a bill whose content is so at odds with its stated purpose,'" release, Ohio Citizen Action.
Ohio Citizen Action files open records request
CLEVELAND -- "Ohio Citizen Action today filed an open-records request with the sponsor of the pending Ohio Patriot Act, Senate President Pro Tem Jeff Jacobson (Butler Township, Montgomery County). Executive Director Sandy Buchanan said Ohio's largest environmental organization wanted the names of all the people who either wrote sections of the bill, provided Jacobson with pre-drafted sections, or with whom he consulted. Buchanan said, 'From the point of view of our members, the bill would not increase their safety from terrorism, would make it harder for them to protect themselves from toxic and radiation hazards, and would introduce into state law provisions which are wholly irrelevant to the topic, like 'animal and ecological terrorism.' Voters -- and House members now considering this bill -- need to know what happened in the drafting process to produce a bill whose content is so at odds with its stated purpose,'" release, Ohio Citizen Action.
Ohio's Senate approves terror bill; Legislation says police can arrest people who refuse to give identity; ACLU debates its merits
COLUMBUS -- "Senate Democrats dropped opposition because the latest version narrows the list of questions that applicants for certain state licenses must answer regarding potential connections to terrorist groups, including an exception reinstating the application if the person 'does not pose a risk to the residents of the state,'" Andrew Welsh-Huggins, Associated Press.
Senators endorse anti-terror measures
Bill would permit use of checkpoints
COLUMBUS -- "Under another section of the bill, information provided to law enforcement about vulnerabilities at chemical plants and other 'critical infrastructure facilities' would be exempt from Ohio's Public Records Act. Jack Pounds, president of the Ohio Chemistry Technological Council, said the provision would allow companies to share 'threat assessments' with law enforcement without the data being released to the public. 'It would be information that will tell law enforcement how to handle any kind of disaster at their plant, where the location of the most sensitive and explosive chemicals are, and where the location of all of their security or safety systems are,' Mr. Jacobson said," James Drew, Toledo Blade.
COLUMBUS -- Ohio Senate OKs revised anti-terrorism bill, 32-0, Reginald Fields, Cleveland Plain Dealer.
COLUMBUS -- Rights vs. security: Ohio Senate approves version of Patriot Act, Jon Craig, Columbus Dispatch. Access fee; no link.
- Sub S.B. No. 9. as passed by the Ohio Senate, full text, 340 KB pdf.
COLUMBUS -- "S.B. 9 was originally proposed five weeks ago to the day. In the last week it has more than doubled in size. The latest version was still being drafted at 5 p.m. yesterday. The members of this Committee have not had time to study and absorb it. The public has not had a realistic opportunity to review, debate, and testify about it. Many of the implications of its provisions remain unclear. Yet this Committee expects, we understand, to vote on it today. We've seen before, for instance in the USA PATRIOT Act itself, the dangers of rushed legislation. There is no need for such unseemly and unstatesmanlike haste," Jeffrey M. Gamso, Legal Director, American Civil Liberties Union of Ohio, opponent testimony to Ohio Senate Judiciary Committee, 39 KB doc.
COLUMBUS -- SB 9, terrorism laws. "If local law enforcement is in need of legislation to aid in the apprehension of criminals, then we have a duty to provide the appropriate legislation. However, it is not appropriate to pass legislation with the stated goal of preventing terrorism when the legislation is really a backdoor attempt to extend the criminal policing powers of local law enforcement. The testimony offered on behalf of the Columbus Division of Police illustrates how this legislation will likely be manipulated to serve as a law enforcement tool against Ohio citizens and not as an effective weapon against terrorism," Jamie Carlton, Civil Liberties Specialist, League of Women Voters of Ohio, testimony, Ohio Senate Committee on Judiciary.
COLUMBUS -- Terror bill vote is today in Senate; Not giving name, address could land you in jail, Associated Press.
WEST CHESTER -- "Majed Dabdoub, 47, is a Palestinian who moved to the United States in 1978 and believes this bill will be "misused the same way the Patriot Act was misused after Sept. 11," he said. 'For us, who came from other countries, we came for what this country stands for - freedom of speech, freedom of religion, freedom of everything,' he said. 'This is taking away all those rights from us, from all the citizens,'" Maggie Downs, Cincinnati Enquirer.
State terror legislation brings heavy scrutiny
COLUMBUS -- "But the gist of the bill, says State Sen. Jeff Jacobson, is to uncover terrorist activity in Ohio and make it easier to prosecute. He said the bill was modeled after laws in New York. . . Immigration officials say forcing crime witnesses to identify themselves might make some illegal immigrants unwilling to assist police for fear of being deported, said Angela Plummer of the Community Refugee and Immigration Services in Columbus. She called the bill a risk to public safety. Plummer also is concerned about the bill threatening the funding of local communities that do not fully comply with measures, such as the Patriot Act, to enforce immigration rules. 'We are gravely concerned about the negative impact this provision would have on the ability of local municipal police to work effectively with our immigrant communities,' said Plummer, who predicted, for example, that battered immigrant women would be reluctant to call police when they need help. . . . 'We're breaking new ground, we know we are breaking new ground,' Jacobson said," Reginald Fields, Cleveland Plain Dealer.
DAYTON -- "A basic question, though, remains unanswered: Why is the bill needed at all? There's no outcry from the law enforcement community. Sen. Jacobson says the bill is a product of his own labors, that he began working on it three years ago when New York passed comprehensive state anti-terror legislation, which, he says, forms the core of this measure. Some of the technical aspects of the bill may make sense, like those that mirror the New York law that criminalizes conduct that's clearly terror-related, but could fall between the cracks of existing law. But the parts of the law that have drawn the biggest complaints seem to be more trouble than they are worth. The biggest public safety concern of communities throughout Ohio may be the fact that they are losing police officers and firefighters because of their financial woes. If Sen. Jacobson and his colleagues in the General Assembly are interested in keeping Ohio safe, their time would be better spent helping these communities get and keep first-responders," editorial, Dayton Daily News.
WILLOUGHBY -- "The point is this is a function of the federal government. Jacobson's bill, which does not have a state House sponsor yet, will get a fifth round of testimony on Wednesday. While it makes sense for state senators to take their time to consider the bill, it must not become Ohio law. Ohio does not need a foreign or national security policy. . . . Also, should acts of terrorism as defined in the bill occur, it is most likely the federal government would take the lead in such matters under its terrorism laws. So why propose the Ohio Patriot Act at all?" editorial, Lake County News Herald.
'Ohio Patriot Act' has problems and lacks solid reason to exist. "Barney Fife would love this bill. . . Protecting our nation from terrorism is necessary. But it's highly questionable that Ohio needs such a 'me-too' law trailing in the path of the federal Patriot Act. Ohio has plenty of critical problems, but as far as we're concerned, this Ohio Patriot Act doesn't address any of them. The legislature should be working on the state's real troubles," Lorain Journal.
COLUMBUS -- "Sponsoring Senator Jeff Jacobson of Dayton says he was moved to introduce the bill following alleged terror plots at central Ohio shopping malls and lasers targeting airliner cockpits in Cleveland," Associated Press.
CLEVELAND -- " But closer inspection reveals a bill that could put at risk some of Ohioans' cherished liberties. Particularly troubling is language that would give sweeping new powers to local law enforcement to detain and demand identification from people who have committed no crime -- and who give no indication of plans to commit one. The measure also seeks to curtail local governments' ability to pass any ordinance that would appear to conflict with state law in regard to Ohio's war on terrorism -- a needless, pre-emptive strike against local governments from a legislature that has long touted the virtues of local control. Although it is difficult to challenge parts of the bill that would go after people who seek to harm Americans, the legislation obviously must avoid the rampant perversion of attacking the freedoms of Americans in the name of protecting them. Otherwise, the legislature should relegate this bill to the scrap heap," editorial, Cleveland Plain Dealer.
COLUMBUS -- "There are five broad categories of problematic bad legislation tied together in S.B. 9: (1) Legislation which simply duplicates already existing federal law; (2) legislation which provides government with broad powers to investigate and prosecute even wholly innocent activity; (3) legislation which prohibits possession of that which may be misused rather than the misuse itself; (4) legislation which attempts to restrain the people of Ohio from expressing their disapproval of the actions of the government, and (5) legislation which forces people to incriminate themselves. In addition, S.B. 9 may require, in some circumstances, government employees actually to violate existing law – and does so without shielding them from the consequences of such a violation," Jeffrey M. Gamso, Legal Director, American Civil Liberties Union of Ohio, opponent testimony to Ohio Senate Judiciary Committee.
COLUMBUS -- "The companies in our industry that are members of the two major national industry trade associations (American Chemistry Council and Synthetic Organic Chemical Manufacturers Association) have implemented the industry-developed security initiative known as the Responsible Care Security Code of Management Practices. A copy of that code is attached to my testimony. This code mandates vulnerability assessments at all facilities in the industry that produce or store chemicals—and the implementation of appropriate security measures to address vulnerabilities identified," Jack Pounds, President, Ohio Chemistry Technology Council, proponent testimony to Ohio Senate Judiciary Committee.