City attempting to ban military recruiting of minors (I take it largely 17-year-olds)

[Volokh, Eugene]

	Pretty clearly federally preempted, no?

	Eugene



http://ncjournal.files.wordpress.com/2008/02/arcata-youth-protection-act
.doc

ARCATA YOUTH PROTECTION ACT

AN ORDINANCE TO PROHIBIT THE MILITARY RECRUITMENT OF ANY PERSON UNDER
THE AGE OF EIGHTEEN 

To protect the welfare of our youth, the People of Arcata Ordain as
Follows:
No person who is employed by or an agent of the United States government
shall, within the City of Arcata, in the execution of his or her job
duties, recruit, initiate contact with for the purpose of recruiting, or
promote the future enlistment of any person under the age of eighteen
into any branch of the United States Armed Forces.

Authority:
This Ordinance is adopted and enacted pursuant to the authority
guaranteed to the people of Arcata by the California Constitution
(Article 2, Section1) and the U.S. Constitution (Amendments IX and X)
which guarantee political power to the people and recognize the right to
exercise that power through initiative and referendum (California
Constitution Article 4, Section I). 

Findings

1)  Military Recruiters Target Teens.
Military recruiters target teens through ad campaigns, mailings,
telephone calls, email, and direct personal contact.  They promote
enlistment by glorifying military service and exaggerating the
educational and career benefits, while ignoring the dangers.  Recruiters
are rewarded for meeting enlistment quotas and risk reassignment if
quotas are not met.  College and business recruiters lack equivalent
resources and incentives to promote non-military careers to teens.

2) People under the age of eighteen are not permitted to vote. 
As a society, we believe that people under eighteen lack the life
experience to make informed choices; they cannot vote, sign contracts,
or make medical and other legal decisions. Although people under
eighteen cannot enlist in the military without parental consent,
sixteen- and seventeen-year-olds in our community are routinely urged by
recruiters to commit themselves to future enlistment after their
eighteenth birthdays.  Those who do enlist in the military may be
ordered to participate in actions that violate Constitutional and
International Law including bombings of civilian targets, invasions and
occupations of sovereign nations, or illegal detention and mistreatment
of suspected terrorists.  Young soldiers risk their lives and sanity
without a developed ability to comprehend the consequences of their
actions. Unlike civilian employees, military enlistees may be prosecuted
and imprisoned if they refuse to obey an order, or if they change their
minds and want to quit their jobs in the military.  If we believe that
people under the age of eighteen lack the experience and maturity
necessary for voting, then they should not be subjected to the highly
sophisticated and well-funded efforts of military recruiters to enlist
them in the armed forces.  

3)  The First Amendment protects the free speech of people, not the
government.
While some may argue that recruiting is "speech" protected by the First
Amendment, the Bill of Rights protects the rights of people from the
excesses of government.

4)  This Ordinance does not violate provisions of No Child Left Behind.

The No Child Left Behind Act (PL 117-110, Section 9528.3) mandates that:
"Each local educational agency receiving assistance under this Act shall
provide military recruiters the same access to secondary school students
as is provided generally to post secondary educational institutions or
to prospective employers of those students."  This Ordinance is to be
approved by the voters, not by any local educational agency.  Under the
Ordinance, schools may still provide access to military recruiters, but
recruiters are prohibited from recruiting or promoting the future
enlistment of any person under the age of eighteen.

Specific Purpose:
The specific purpose of this Ordinance is to protect youth under the age
of eighteen from military recruiting.

Statement of Law:
No person who is employed by or an agent of the United States government
shall, within the City of Arcata, in the execution of his or her job
duties, recruit, initiate contact with for the purpose of recruiting, or
promote the future enlistment of any person under the age of eighteen
into any branch of the United States Armed Forces.

Nothing in this Ordinance shall prevent any person from voluntarily
visiting a military recruitment office or specifically initiating a
request to meet with a recruiter.

Nothing in this Ordinance shall prevent individuals who are not employed
by or agents of the U.S. government from encouraging people under the
age of eighteen to join the military.

Enforcement 
The City of Arcata shall inform all local military recruiters and their
commanding officers of this Ordinance, which prohibits military
recruiting of any person under the age of eighteen within the City of
Arcata.  Any military recruiter who violates this Ordinance, as well as
his or her commanding officer, shall be held responsible for said
violation.  Both shall be deemed guilty of an infraction and shall be
subject to the penalties stated in the Arcata Municipal Code. (A.M.C.
I-3-1200)  A citizen complaint of any unsolicited military recruiting
activity involving people under the age of eighteen shall initiate
investigation and possible citation by the Arcata Police Department for
violation of this Ordinance.  If recruiters violate this Ordinance five
or more times within one month, military recruiting of persons under the
age of eighteen shall be deemed a public nuisance and shall be summarily
abated.
 (A.M.C. I-3-1201)

Severability 
The provisions of this Ordinance are severable. If any section or
provision of this Ordinance is determined to be illegal, invalid or
unconstitutional by a court of competent jurisdiction, such decision of
the court shall not affect or invalidate any of the remaining sections
or provisions of this Ordinance. It is the express intent of the people
of Arcata, California that this Ordinance would have been adopted if
such illegal, invalid, or unconstitutional section or provision had not
been included. 

Effective Date 
This Ordinance shall take effect thirty (30) days after adoption by the
voters. 

Interpretation 
In the event this Ordinance requires interpretation (by courts, county
officials, or anyone else), it is the express intent of the people of
Arcata that this Ordinance be construed in such a manner to carry out
the original intent of this Initiative, which is to prohibit military
recruitment of any person under the age of eighteen within the City of
Arcata.