Judge tosses Calif. cities’ recruiter ban - Military News | News From Afghanistan, Iraq And Around The World - Military Times

Judge tosses Calif. cities’ recruiter ban

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.