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US v. City of Arcata, No. 09-16780

By FindLaw Staff on December 17, 2010 7:19 PM

Action to Enjoin Municipal Prohibition on Military Recruitment Targeting Minors

In US v. City of Arcata, No. 09-16780, an action by the U.S. seeking to enjoin the Arcata Youth Protection Act and the Eureka Youth Protection Act, prohibiting agents or employees of the federal government from engaging in military recruitment activities targeting minors, the court affirmed judgment on the pleadings for plaintiff where 1) the ordinances improperly sought to directly regulate the conduct of agents of the federal government; and 2) the ordinances discriminated against the U.S.

As the court wrote:  "Two local ordinances, the Arcata 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 Arcata and Eureka from enforcing the ordinances. For the reasons stated below, we affirm."

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