Occupy Pushes for Council to Denounce Court Decision

The Redlands City Council got a visit Feb. 7 from members of Occupy Redlands who have been pushing for them to adopt a resolution to “reclaim democracy and oppose and abolish corporate constitutional rights.”

Occupiers spoke during the council meeting’s public comment. They want the Citizens United v. Federal Election Commission decision - a Supreme Court decision that prohibits limits on independent spending for political purposes by corporations and unions - struck down.

“The city says the resolution does not apply to Redlands,” according to Occupy Redlands.

An Occupy member read a resolution, drawn up by the group, during public comment.

“We requested to be put on the agenda of the February 21st meeting,” the group said in a written statement. “At that meeting we would like the council to vote on the resolution.”

Occupiers want Redlands to follow the lead of several other cities that have either introduced or passed resolutions calling for Citizens United v. Federal Election Commission’s reversal.

Below is the resolution presented by Occupy Redlands to the City Council.

2012 Resolution to Reclaim Democracy and Oppose and Abolish Corporate Constitutional Rights; Corporations are not People; Money is not Speech

WHEREAS, Chapter 2.66.050 of the Redlands Municipal Code sets forth the Human Relations Commission including “(A) To foster mutual respect and understanding with regard to race, religion, national origin, age, gender, disability or other minority affiliation;” and “(F) To enlist the cooperation and participation of the various racial and nationality groups, community organizations, industry and labor organizations, media or mass communication, fraternal and benevolent associations, and other groups in an educational campaign devoted to fostering among the diverse groups of the community mutual esteem, justice and equity;” and

WHEREAS, the U.S. Supreme Court 5:4 ruling on January 21, 2010 (in Citizens United v. the Federal Election Commission) rolled back remaining legal limits on corporate spending in the electoral process, allowing unlimited corporate spending to influence elections, candidate selection, and policy decisions and thus unleashing unprecedented torrents of corporate money in our political process thereby drowning out the voices of "We the People" and threatening democracy; and

WHEREAS, although some corporations make important contributions to our society, they are required by law to put profit ahead of any other concern, can exist simultaneously in many nations, and use court granted "corporate rights" to get laws that threaten corporate profits weakened or overturned, even when those laws protect people and communities like Redlands; and

WHEREAS, corporations are entirely human-made legal fictions created by express permission of “We The People” and our government, and

WHEREAS, corporations are not mentioned in the Constitution, The People have never granted constitutional rights to corporations, nor have We decreed that corporations have authority that exceeds the authority of “We The People” of the United States, and

WHEREAS, corporations are not and have never been human beings, and therefore are rightfully subservient to human beings and governments as our legal creations, and

WHEREAS, the illegitimate judicial bestowal of civil and political rights upon corporations usurps basic human and Constitutional rights guaranteed to human persons, and also empowers corporations to sue municipal and state governments for adopting laws that violate ‘corporate rights’ even when those laws serve to protect and defend the rights of human persons and communities, and

WHEREAS, large corporations have used their so-called ‘rights’ to overturn democratically enacted laws passed at municipal, state and federal levels, aimed at curbing corporate abuse, thereby rendering local governments ineffective in protecting their citizens against corporate harms to the environment, to health, to workers, to independent business, to local and regional economies, and

WHEREAS, a Washington Post-ABC News poll found that 80% of Americans oppose the Citizens United Ruling (Democrats 85%, Republicans 76% and Independents 81%), a Harris Poll found that 87% of Americans think big companies have too much influence in Washington, and a joint American Sustainable Business Council, Main Street Alliance and Small Business Majority poll found that 88% of Small business owners have a negative view of the role money plays in politics overall, and

WHEREAS, government of, by, and for the people has long been a cherished American value, and We The People’s fundamental and inalienable right to self-govern, and thereby secure rights to life, liberty, property, and the pursuit of happiness is guaranteed in the U.S. Constitution and the Declaration of Independence, and

WHEREAS, free and fair elections are essential to democracy and effective self-governance, and

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Redlands calls for amending the United States and California Constitutions to declare that corporations are not entitled to the protections or "rights" of human beings and to declare that the expenditure of corporate money is not a form of constitutionally protected speech.

BE IT FURTHER RESOLVED, that the Council of the City of Redlands calls on other communities and jurisdictions to join this action by passing similar Resolutions.

BE IT FURTHER RESOLVED, that the City Council directs the City Manager to send copies of this Resolution to our state and federal government representatives including: Governor Brown, CA State Assembly members Morrell, Cook and Donnelly, CA State Senators Dutton, Majority Leader of the CA State Assembly Torrico, President Pro Tempore of the CA State Senate Steinberg, U.S. Representative Jerry Lewis, U.S. Senators Boxer and Feinstein, Majority Leader of the U.S. House of Representatives Boehner, Majority Leader of the U.S. Senate Reid, and President Obama.

Current situation and its effects On January 21, 2010, the Supreme Court of the United States in Citizens United v. the Federal Election Commission reversed long-established constitutional law by extending first amendment and other constitutional "rights" to corporations, specifically in regard to holding that corporate campaign spending is "protected speech." In reaction to this unprecedented decision, a Joint Resolution was introduced in the U.S. House of Representatives calling for an amendment to the U.S. Constitution that would partially reverse the Citizens United decision by permitting Congress to regulate corporate expenditures in elections. (House Joint Resolution 74). Rationale for recommendation The Human Relations Commission, consistent with its mandate to foster among diverse groups of the community mutual esteem, justice and equity, views the recent U.S. Supreme Court decision in Citizens United v. the Federal Election Commission to be a direct threat to democracy as it promotes increasing corporate influence in a government "of, by and for the people."