|
COLUMBUS, OH- On Friday, the day the Ohio Patriot Act went into effect, the American Civil Liberties Union filed a writ in the Ohio Supreme Court challenging unnecessary and potentially dangerous requirements of the Act.
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. If the person refuses to sign the oath, they may not conduct business with the state. The ACLU’s challenge to this provision involves court-appointed attorneys directly, but the oath could be required of social workers, building contractors and vendors, among others.
The suit was filed on behalf of lawyer Marc Triplett who objected to the Bellefontaine Municipal Court requiring him to sign a form declaring that he has not assisted or supported a terrorist-related organization as a condition of him receiving court appointments to represent indigent defendants.
While the litigation does not challenge the constitutionally of the law itself, it does challenge the alleged unconstitutional application of the Ohio General Assembly of the Patriot Ave to the practice of law which is regulated by the Ohio Supreme Court. “There is no evidence that these anti-terrorist oaths do anything to prevent terrorism or apprehend terrorists”, Ohio ACLU legal director Jeffrey Gamso said. “Instead, this will only create more bureaucracy and could lead to innocent people put under government scrutiny."
“The terror watch lists that are used to check employees have been proven to be tremendously flawed and wholly unreliable”, he continued “Countless people who have no connection to terrorism have been added to the watch lists for absolutely no reason.”
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. It requires anyone seeking certain licenses or government jobs, contracts or business worth $100,000 or more to sign the declaration.
The provision would not apply to driving, hunting, fishing or other routine licenses but to licenses dealing with check cashiers, aircraft registration, emergency response personnel, food inspection, public water systems, charitable solicitations and the handling of hazardous materials.
“Throughout the months of debate on the Ohio Patriot Act, experts predicted that the bill would lead to serious violations of civil liberties without providing any meaningful protection against future terrorist attacks. The act seriously infringes on due process rights, chills dissent and encourages racial profiling of immigrants and people of color.” Gamso added.
To read the court documents in the case, see
http://www.acluohio.org/press_releases/2006_press_releases/2006.04.13.htm 4-15-06
© 2006 North
Country Gazette
|
