North Coast towns can't ban military recruiters (9th Circuit ruling)

SFGate.com ^ | 12/17/10 | Bob Egelko

[NormsRevenge]

SAN FRANCISCO -- Ordinances approved by voters in Arcata and Eureka to prohibit military recruiters from contacting minors are unconstitutional attempts to regulate the federal government and limit its authority over the armed forces, a federal appeals court ruled Friday.

The measures, which won majorities of 73 percent in Arcata and 57 percent in Eureka in November 2008, were promoted as protections for local youths from heavy-handed and misleading recruiting pitches.

Backers in the Humboldt County communities cited an international treaty, signed by the United States, that bars military recruitment of youngsters under 17. The ordinances prohibited contacting youths under 18 but allowed recruiters to respond if approached by a minor.

Neither ordinance has taken effect. The government sued to overturn them in December 2008 and a federal judge in Oakland struck them down six months later, a ruling upheld Friday by the Ninth U.S. Circuit Court of Appeals in San Francisco.

By restricting the actions of federal employees, "the ordinances seek to regulate the government," which is beyond the power of a local or state agency, the court said in a 3-0 ruling.

The ordinances follow other unsuccessful attempts to limit military recruiting.

[Viking2002]

'By restricting the actions of federal employees, "the ordinances seek to regulate the government," which is beyond the power of a local or state agency, the court said in a 3-0 ruling. '

Given the outcome but the reasoning behind it, and coming from the Ninth Circus to boot, this is kind of a warped man-bites-dog scenario, IMO.

Props to cripplecreek for the graphics!

[bigbob]

geez, what happened - was it happy holiday brownie day at the 9th circuit?

[Psycho_Bunny]

Interesting. I joined the Marine Corps when I lived in Eureka. (I am not a vet, though- I was discharged from bootcamp for Osgood Shlaters or however you spell it.)

[Ramius]

I once dated a gal from Arcata. She went to Humboldt State. Even way back in the 80’s the place was totally infested by marxists and hippies.

I say cut off all federal funding to the whole place. Everything.

[stuartcr]

Sounds like a limerick I once heard;

I once knew a girl from Arcata,
She was flat as a Spanish frittata.
She went to Humboldt State,
And when we went on a date,
She opened up like a busted pinata!

[bunkerhill7]

I once new a girl from Eureka
who said I was kind of a freaka;
When asking her why,
she said with a sly,
When you gonna wash your sneaka?

[hattend]

Gee, the f’n libs finally lost one.

[B Knotts]

Eureka is sure a different place from when I lived there.

[tubebender]

I knew Arcata did this but I don’t remember Eureka voting on it but it WAS way back in 2008...

[Red Dog #1]

Hummmm...they make laws to stop military recruiters but ridiculously low “age of consent” laws to enable homosexual recruiters to pray on teenagers are OK. Perhaps after the Senate stabs our military in the back this weekend and barracks showers are finally transformed into bathhouses, Arcata and Eureka will change their minds.

[B Knotts]

People didn’t have their heads on straight that year. Anyhow, I’m sure it has a lot to do with the timber industry being basically shut down. Loggers are generally good men, and the exodus of them has no doubt resulted in more nonsense.

I’ve heard tales of the “good old days” in downtown/old town. Heard there were some pretty good fights back then.

[stuartcr]

We probably shouldn’t give up our day jobs...

[B Knotts]

Hey, BTW, Mike Skinner has allegedly been sent packing by Randy Moss Motorsports.

[tubebender]

Skinner is from Susanville Ca and raced in Eureka a couple of times but he does have a acrid personality...