United States v. City of Arcata

Two local ordinances, the Areata Youth Protection Act and the Eureka Youth Protection Act, prohibit agents or employees of the federal government from engaging in military recruitment activities targeting minors. The United States sued to bar enforcement of the ordinances. The district court granted the government’s motion for judgment on the pleadings and permanently enjoined the cities of Areata and Eureka from enforcing the ordinances. For the reasons stated below, we affirm.

I. Facts and Procedural History

The cities of Areata and Eureka (“the cities”) are California municipalities. On November 4, 2008, voters in the cities approved Ballot Measures F and J, which enacted the Areata and Eureka Youth Protection Acts respectively (“the ordinances”). The ordinances were proposed in response to alleged violations of laws governing military recruitment. The “Findings” contained in each ordinance state that “[mjilitary 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.”

The…