G
Gandalf Grey
Guest
Can Your Town Ban the Military from Recruiting Anyone Under 18?
By David Swanson
Created Feb 6 2008 - 9:38am
Of course, Americans must be 18 to serve in the military, but much of the
military's recruiting work is directed at those who have not yet turned 18.
According to Dave Meserve in Arcata, Calif., localities can avoid the
consequences of the No Child Left Behind law (which turns students' names
and contact information over to recruiters) not only by helping students and
parents to opt out of recruitment lists or by challenging the ability of
recruiters to be on school campuses, but also by prohibiting any recruiting
activities that involve kids under 18.
Meserve has drafted an ordinance and submitted it to the city clerk and the
city attorney in Arcata. They will have 15 days to review it and provide a
title and ballot summary for the November 2008 ballot. Then Meserve can
begin gathering signatures to get it on the ballot.
Why not do the same thing in your town or major city? Here's the draft
ordinance:
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.
--
NOTICE: This post contains copyrighted material the use of which has not
always been authorized by the copyright owner. I am making such material
available to advance understanding of
political, human rights, democracy, scientific, and social justice issues. I
believe this constitutes a 'fair use' of such copyrighted material as
provided for in section 107 of the US Copyright
Law. In accordance with Title 17 U.S.C. Section 107
"A little patience and we shall see the reign of witches pass over, their
spells dissolve, and the people recovering their true sight, restore their
government to its true principles. It is true that in the meantime we are
suffering deeply in spirit,
and incurring the horrors of a war and long oppressions of enormous public
debt. But if the game runs sometimes against us at home we must have
patience till luck turns, and then we shall have an opportunity of winning
back the principles we have lost, for this is a game where principles are at
stake."
-Thomas Jefferson
By David Swanson
Created Feb 6 2008 - 9:38am
Of course, Americans must be 18 to serve in the military, but much of the
military's recruiting work is directed at those who have not yet turned 18.
According to Dave Meserve in Arcata, Calif., localities can avoid the
consequences of the No Child Left Behind law (which turns students' names
and contact information over to recruiters) not only by helping students and
parents to opt out of recruitment lists or by challenging the ability of
recruiters to be on school campuses, but also by prohibiting any recruiting
activities that involve kids under 18.
Meserve has drafted an ordinance and submitted it to the city clerk and the
city attorney in Arcata. They will have 15 days to review it and provide a
title and ballot summary for the November 2008 ballot. Then Meserve can
begin gathering signatures to get it on the ballot.
Why not do the same thing in your town or major city? Here's the draft
ordinance:
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.
--
NOTICE: This post contains copyrighted material the use of which has not
always been authorized by the copyright owner. I am making such material
available to advance understanding of
political, human rights, democracy, scientific, and social justice issues. I
believe this constitutes a 'fair use' of such copyrighted material as
provided for in section 107 of the US Copyright
Law. In accordance with Title 17 U.S.C. Section 107
"A little patience and we shall see the reign of witches pass over, their
spells dissolve, and the people recovering their true sight, restore their
government to its true principles. It is true that in the meantime we are
suffering deeply in spirit,
and incurring the horrors of a war and long oppressions of enormous public
debt. But if the game runs sometimes against us at home we must have
patience till luck turns, and then we shall have an opportunity of winning
back the principles we have lost, for this is a game where principles are at
stake."
-Thomas Jefferson
