Calif. Towns Challenge Feds On Military Recruiting
Senior Lecturer in Law Allen S. Weiner is quoted in an Associated Press article in the Washington Post about the legality of ordinances passed by two Northern California towns forbidding military recruiting to minors within their boundaries:
Arcata — a town known for taking a stand against the USA Patriot Act and repeatedly passing symbolic measures to impeach President George W. Bush — approved in November an ordinance that would limit Armed Forces recruiters' ability to contact people under 18. And so did nearby Eureka, the Humboldt County seat.
The Department of Justice took the towns to court in December over their Youth Protection Acts, alleging they were attempting to interfere with the government's ability to raise an army and protect the country. The department has said the ordinances are believed to be the only ones in the country with such blanket restrictions.
Allen Weiner, a senior lecturer in law at Stanford Law School, said he knows of no other cities besides Arcata and Eureka that have passed ordinances banning military officials within their boundaries from initiating contact with minors with the intent of attracting them to any branch of the military.
The law is clear, Weiner said, that recruitment is under the purview of the federal government.
"As a legal fight, it's pretty clear to me who wins," he said.