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Bay Area workshop on servicemembers’ rights to protest, Nov. 15

Servicemembers and Veterans Occupy!

SAN FRANCISCO – As part of the 99%, military servicemembers and veterans have been participating in Occupy protests in droves. But what are the consequences for such actions? Can servicemembers be punished under the Uniform Code of Military Justice for such protests, or do the freedoms guaranteed by the U.S. Constitution apply to them, too?

Please join the Bay Area Military Law Panel of the National Lawyers Guild, Iraq Veterans Against the War, Veterans for Peace, the GI Rights Hotline – SF, Courage to Resist, and Swords to Plowshares for a workshop on servicemembers’ rights to protest and related issues.

Tuesday, November 15, 2011
7:00pm – 9:00pm

San Francisco draft resolution on recruitment

Draft Resolution for San Francisco Board of Education

Cut Ties with the Military

WHEREAS, the United States military is actively recruiting high school students into the military to fight in Iraq ; and

WHEREAS, many young San Francisco high school alumni are presently serving in military units fighting in Iraq ; and

WHEREAS, it is San Francisco City policy by virtue of Proposition N, to bring all U.S. troops home from Iraq now; and

WHEREAS, over 1,448 U.S. soldiers and approximately 100,000 Iraqis have been killed in this war and over 10,000 U.S. soldiers and unknown thousands of Iraqis have been wounded; and

WHEREAS, the hundreds of billions of dollars spent on the war have robbed our children of resources that should be spent on education and other human needs; and

WHEREAS, military presence in our schools legitimizes the message that violence is acceptable;


It shall be the policy of the San Francisco Board of Education to cut all ties with the United States military, including, but not limited to: Ending military recruitment on campuses; ending the Junior Reserve Officer Training Corps (JROTC); and guaranteeing that all students and parents are informed of their right to deny military recruiters access to their names, addresses and telephone numbers.

Arcata California voter initiative on recruitment

Arcata Youth Protection Ordinance – Voter Initiative on November 2008 Ballot


“Arcata Youth Protection Ordinance” on the November 2008 ballot as a voter initiative.

February 6, 2008

Arcata , California

Local group submits proposed voter initiative ordinance.

On Monday, February 4, a group of local parents, teachers, students and counter-recruiting activists filed with the Arcata City Clerk a “Notice of Intention to Circulate an Initiative Petition” and a “Request for Ballot Title and Summary” for a proposed ordinance that they hope to see on the November 2008 ballot. The “The Arcata Youth Protection Act” prohibits military recruiting of any person under the age of eighteen within the City of Arcata .

The City Attorney has fifteen days to review the ordinance and prepare a ballot title and summary. The proponents may then begin to collect signatures of registered Arcata voters on a petition to place the measure on the ballot. Approximately 1500 valid signatures are required by early June in order to qualify for the November 2008 general election.

The actual Statement of Law in the ordinance reads:

“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.”

The group meets regularly, and anyone interested in helping to get this ordinance on the ballot in Arcata or elsewhere is encouraged to call 834-3612.

An update will be issued when signature gathering begins.

A few points about the Arcata Youth Protection Act:

It is intended to be a ballot initiative, an ordinance to be voted on by the community.

It is not intended to be introduced as an ordinance to be voted on by the city council.

Its main premise is that military recruiting is a threat to youth, and that those who are considered too young to vote are also too young to be urged to enlist in the military.

“No Child Left Behind” allows federal funding to be cut if local school boards restrict recruiter access to schools; it says nothing about people voting to protect youth from military recruiting.

The ordinance will likely be challenged by the federal government on the grounds of preemption, but when the federal government is destructive of our rights or threatens the welfare of our youth, we must challenge its authority.


Full Text of the Ordinance:



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.


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).


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- fun ded 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.


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)


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.


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.

Sacramento Board of Supervisors resolution on Iraq troops



AGENDA DATE: January 8, 2008


WHEREAS, the United States is now into the fifth year of a war in Iraq with no end in sight and little apparent progress; and

WHEREAS, despite the deaths of more than 4,360 American men and women in our Armed Forces, and the injury of more than 30,000 Americans, President George W. Bush has refused to begin a safe and orderly withdrawal of American soldiers from Iraq; and

WHEREAS, more than 460 Californians have been among the service members killed in the Iraq conflict, more than any other state, and thousands more Californians, including more than 800 members of California’s National Guard, remain deployed in Iraq and at grave risk; and

WHEREAS, in the County of Sacramento, the direct toll has been at least fifteen members of the Armed Services who have been killed and scores injured, and is estimated to cost County taxpayers more than $700 million through FY 2008; and

WHEREAS, civilian casualties in Iraq have been significant, with more than 700,000 civilian Iraqi men, women, and children killed, and millions more wounded or displaced from their homes; and

WHEREAS, hostilities in Iraq have continued for more than four years, requiring the expenditure of $10,000,000,000 per month and estimated at more than $450,000,000,000 already appropriated since its inception, an amount that directly affects the funding available to address Sacramento County’s needs and pressing issues such as funding for children’s health insurance, job training programs, homeless assistance, housing assistance, flood protection, water supply development, public and other transportation development, and other vital domestic needs; and

WHEREAS, the widely respected and bipartisan Iraq Study Group recommended that the United States withdraw its Armed Forces from Iraq by early this year; and

WHEREAS, Governor Arnold Schwarzenegger vetoed legislation which would have allowed California voters the opportunity to express their views on the war in Iraq; and

WHEREAS, despite the best efforts and tremendous sacrifices made by service members and their families, the continued presence of United States Armed Forces will not lead to peace and stability in Iraq or the Middle East; and

WHEREAS, the Board of Supervisors, County of Sacramento, believes that the war in Iraqi has significantly adversely affected the ability of the County of Sacramento to address many crucial matters facing the people of Sacramento County without increasing public safety or reducing the threat of terrorism;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors, County of Sacramento, State of California, calls on the Congress and the President to set specific dates and timelines to withdraw and phase out our Armed Forces in Iraq in order to better serve our national interest and meet critical domestic priorities.

BE IT FURTHER RESOLVED, that the Clerk of the Board is hereby directed to transmit this resolution to the President of the United States, the leadership of the Congress, the United States Senators from California, and the members of the Sacramento delegation of the House of Representatives.

Roger Dickinson

Agenda Date: January 8, 2008 Page 2

On a motion by Supervisor_____________________,

Seconded by Supervisor_______________________ , the foregoing

Resolution was passed and adopted by the Board of Supervisors of the County of Sacramento, State of California, this 8th day of January, 2008, with

the following vote, to wit:

AYES: Supervisors,

NOES: Supervisors,

ABSENT: Supervisors,

Chair, Board of Supervisors

Clerk, Board of Supervisors