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LWV League of Women Voters of California Education Fund
Smart Voter
Humboldt County, CA November 4, 2008 Election
Measure F
Military Recruting
City of Arcata

Majority Approval Required

Pass: 5129 / 72.59% Yes votes ...... 1937 / 27.41% No votes

See Also: Index of all Measures

Results as of Nov 5 12:44am, 100.0% of Precincts Reporting (18/18)
62.5% Voter Turnout (7066/11804)
Information shown below: Impartial Analysis | Arguments | Full Text
Impartial Analysis
Initiative Measure F would prohibit within the City of Arcata any United States government employee from recruiting for the military, or initiating contact for the purpose of recruiting for the military, any person who is under 18 years of age. The Measure would not prevent persons of any age from voluntarily visiting a military recruitment office or specifically initiating a request to meet with a recruiter. Nor would the measure prevent non-United States government employees from encouraging persons under 18 years of age to join the military.

Military recruiters and their commanding officers would be held responsible for violations, which are designated as infractions. Infractions under the Arcata Municipal Code are punishable by fines not exceeding $100 for a first violation, $200 for a second violation within one year, and $500 for each additional violation within one year. Under Measure F, a violation of five or more times per month would be deemed a public nuisance.

If approved by a majority of the voters at the November 4, 2008 election, the Ordinance by its own terms would go into effect 30 days thereafter.

A YES vote approves the Measure.

A NO vote rejects the Measure.

Respectfully submitted, /s/ Nancy Diamond City Attorney, City of Arcata

  News and Analysis

The North Coast Journal

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Arguments For Measure F
This measure will enact an ordinance to prohibit military recruiters from initiating contact with any person under eighteen for the purpose of recruiting.

The law in no way prevents anyone from choosing to talk with a recruiter if he or she wants to do so.

Military recruiters target teens through ad campaigns, mailings, telephone calls, e-mail, and direct personal contact. Wartime troop levels increase the pressure on military recruiters to fill the ranks of the armed forces. Recruiters are rewarded for meeting enlistment quotas and risk reassignment if quotas are not met. They glorify military service, exaggerate the educational and career benefits, and minimize the dangers of serving in the military.

The U.S. military aggressively recruits on high school campuses and throughout the City of Arcata, targeting kids at as early an age as possible. According to a 2006 Department of Defense Youth Poll, younger kids are more likely to have a positive view of the military than their older peers. The Army's School Recruiting Program Handbook instructs recruiters to initiate contact with younger students, advising: "If you wait until they're seniors, it's probably too late."

As a society, we believe that people under eighteen lack the life experience to make informed choices. They cannot vote or sign contracts. Although no one under eighteen can enlist in the military without parental consent, recruiters routinely urge sixteen- and seventeen-year-olds to commit themselves to future enlistment after their eighteenth birthdays.

If we believe that kids 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.

Vote yes. Stop recruiters from targeting kids.

s/ James Sorter
s/ Cathi Bettinger
s/ Kathy Marshall
s/ David Meserve
s/ Sara Sunstein

(No arguments against Measure F were submitted)

Full Text of Measure F
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, Section 1) 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 117-10, 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. (AMC 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. (AMC 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.


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