Arcata to appeal feds on recruitment

Eureka City Council will either join or bail on Tuesday

Charles Douglas, Humboldt Sentinel
7/5/09

Arcata

Apparently undaunted by a U.S. District Court slap-down of the Youth Protection Act last month, a bare majority of the Arcata City Council voted Wednesday to pursue an appeal to the Ninth Circuit, highlighting the increased tension between anti-war activists and an Obama Administration pushing Bush policies which mandate unfettered access to public schools by military recruiters.

“It’s to empower other cities and communities to look at their situation with their youth,” Councilmember Susan Ornelas said before the 3-2 vote.

She was joined in her support of the appeal by Councilmembers Shane Brinton and Alex Stillman; in opposition were Councilmember Michael Winkler and Mayor Mark Wheetley, who cited “limited fiscal resources” as the motivator -- despite most of the casework thus far having been produced by pro bono attorneys.

Approved as Measure F by 73% of Arcata voters, the YPA would have made it illegal for military recruiters to initiate contact with persons under 18 years of age. Eureka passed its own YPA in the same election last November by a closer margin of 57-43, and its City Council will face a similar decision in a closed session meeting starting at 5 p.m. on Tuesday.

The implementation of both initiatives was blocked after the Pentagon referred them to the Civil Division of the US Department of Justice in the waning days of the Bush Administration. Their civil action in federal court alleged the Supremacy Clause of the federal Constitution would render the local laws invalid in the face of the No Child Left Behind Act, which mandates military recruiter access to public schools which accept federal funding.

Although some of the peace activists associated with the initiative campaign group “Stop Recruiting Kids!” had hoped the federal action would be dropped with the departure of the Bush Administration, there has been no let-up from the DOJ in seeking to have the two laws stricken from the books.

“We're determined to appeal,” campaign organizer Jack Nounnan said. “We have a fine team of lawyers so believing in this cause as to be willing to waive any charges.”

Nounnan is hoping local anti-war activists will pack the normally sleepy pre-closed session public comment portion of the Eureka City Council meeting Tuesday to remind elected officials of the popular support these measures enjoy.

“Every time out in such obvious misuse of government power, we've got to take our stand against its control of our lives and remember how this undermines our local autonomy!”

To contact the local Measure F/Measure J campaign, visit www.stoprecruitingkids.org.