Arcata California Youth Protection Act

[Rich Gibson <rgibson@pipeline.com>]

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.