Judge tosses Calif. cities’ recruiter ban

[ringjamesa]

Calif. cities defend recruiter ban
The Associated Press
Posted : Tuesday Jun 9, 2009 7:22:50 EDT
EUREKA, Calif. — Two California cities are defending recent their voter-approved measures banning military recruitment of minors.
In November, voters in Arcata and Eureka overwhelmingly passed measures called the Youth Protection Act.
The government quickly sued, saying the cities can’t regulate the activities of federal authorities. Government attorneys also argue that military recruiting serves a vital national interest.
Legal experts agree the measures aren’t likely to hold up in court. U.S. District Judge Saundra Armstrong canceled oral arguments scheduled for Tuesday, saying she’d issue a ruling based on court filings.
But lawyers for the cities say the case gives them a chance to air concerns about U.S. compliance with a 2002 international treaty that they say bans children under 17 from being recruited by armed forces.

ummmmmmmmmm last time I checked someone had to be 17 to join and that required both parents to consent. How is this treaty applicable again?

[Seasons]

Its not. This is one of the most retarded things I've ever heard. Why is it even being made an issue? Are they talking about all those little recruiting programs where the people show up at schools and give presentations on why they should enlist after High School? Still doesn't violate the treaty!

To me it just smacks of some anti-military anti-government crackjob trying to flex imaginary muscle and make a scene.

[CommunityEditor]

SAN FRANCISCO — A federal judge Thursday struck down two Northern California city ordinances banning military recruitment of minors, finding the laws violated the U.S. Constitution.

Voters in Arcata and Eureka passed identical Youth Protection Acts in November with 73 percent and 56 percent approval, respectively. They ordered military recruiters to refrain from contacting people younger than 18 or face a fine.

But the Justice Department promptly sued, arguing that they interfered with the government’s ability to raise an army and protect the country.

U.S. District Judge Saundra Armstrong in Oakland agreed Thursday with the federal government and invalidated the laws, saying they violated the clause of the Constitution that establishes the Constitution, federal statutes and treaties as the supreme law of the land.

Government attorneys argued in written statements that the law is clear: Recruitment for the military clearly falls under the purview of the federal government, which cannot be regulated by state and local governments.

A spokesman with the Department of Justice said the government is pleased with the judge’s decision.

Armstrong also tossed out a countersuit by Arcata and Eureka that claimed government employees violated the constitutional rights of some city residents.

Lawyers for the cities and advocates who worked to pass the ordinances said they expected the judge to rule against them, but wanted a chance to present their arguments in court.

The judge canceled the oral arguments that had been scheduled, and ruled instead based on written briefs.

“We’ve been ruled against, without our day in court and with no evidence that the judge heard or considered our arguments,” said David Meserve, a former Arcata City Council member and proponent of the ballot measure. “It leaves us with the impression that she never heard our case.”

Attorneys for the cities are reviewing the decision and deciding whether to appeal.

Meserve is also working with the city council, which is considering a measure that could achieve the same goal of restricting military access to minors while skirting the judge’s objections.

Article: http://www.militarytimes.com/news/2009/06/ap_military_recruiter_bans_061809/