I live in Lafayette (Boulder Cty). There is a new measure being considered called the "Climate Bill of Rights". The text of it is below.
I attended a city council meeting last week along with about 150 others, mostly environmental activists, to present our views to the councilors. You could pretty much guess accurately based on appearance which side people were supporting. Millennials, earth muffins, hippies - for it (to save gaia). Old guys (not all white, BTW - to save the city from the nutjobs). Anyway, just read the section at the end called "Direct Action enforcement" and see what you think. Believe it or not, there are 2 on the city council in favor of it.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAFAYETTE, COLORADO, ENACTING THE CLIMATE BILL OF RIGHTS AND PROTECTIONS
WHEREAS, the people of the City of Lafayette declare alignment with the Seven Generations principle of the indigenous First Nations, understand the environment as common to all and base these actions upon its indefinite protection; and
WHEREAS, the people of the City of Lafayette have found that global environmental destruction, which includes degradation to the climate, ecosystems, flora, fauna, land, and water,constitutes an emergency that threatens our very survival;
WHEREAS, the people of the City of Lafayette have found that the extraction of coal, oil and gas, and disposal of drilling waste within the City would significantly contribute to global environmental destruction; and
WHEREAS, the people of the City of Lafayette declare that they have a right to a healthy climate, and that right is violated by the extraction of coal, oil and gas, and disposal of drilling waste within the City
Now here are the measures enacted by this POS:
Section 1.Climate Bill of Rights
.
(a)Right to a HealthyClimate
. All residents and ecosystems of the City of Lafayette possess a right to a healthy climate, which shall include the right to be free from all activities that interfere with that right, including the extraction of coal, oil, or gas, or disposal of
drilling waste within the City of Lafayette.
(b) Right to Local, Community Self-Government
. All residents of the City of Lafayette possess the right to a form of governance, which recognizes that all power is inherent in the people of the City, and that all free governments are founded on the people’s authority and consent. Laws
adopted by the people of the City shall only be preempted or nullified if they interfere with rights secured by the state or federal constitution to the people of the City, or if they interfere with protections provided to the people or ecosystems of the City by state, federal, or international law.
(c) Right to Enforce
. All residents of the City of Lafayette possess the right to enforce this law. To secure this right, entities which violate the people’s right to a healthy climate shall not be deemed to be “persons,” nor possess any other legal rights, privileges, powers, or protections which would interfere with the enforcement of that right.
Section 2.Direct Enforcement
.
(a)Direct Action Enforcement
. If the City of Lafayette fails to enforce or defend this law, or a court fails to uphold this law, any person may enforce this law through nonviolent direct action. If nonviolent direct action is taken to enforce the provisions of this law, law enforcement personnel employed by the City of Lafayette shall be prohibited from arresting or detaining persons directly enforcing this law. “Direct action” as used by this provision shall mean any activities carried out to directly enforce the prohibitions of this law.
Section 3
.If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
Section 4
. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.
Section 5
.The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions.
Section 6
.This ordinance is deemed necessary for the protection of the health, welfare and safety of the community.