Humboldt County cities restrict military
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/25/MNE6176LK9.DTL
Matthew B. Stannard, Chronicle Staff Writer
Sunday, April 26, 2009
Arcata, Humboldt County --
This picturesque community among the redwoods, once dubbed "the
Berkeley of the north" for its reputation for unabashed liberalism,
has repeatedly thumbed its nose at the federal government.
Over the years, its civic leaders have declared this city a sanctuary
for military resisters to the Persian Gulf War and barred local
enforcement of the Patriot Act. If they had had enough pull,
President George W. Bush would have been impeached at least once.
Now Arcata is at it again, with a law blocking the military from
recruiting anybody in town under the age of 18. And this time, the
law has the backing not of a few City Council activists, but of
thousands of voters who went to the polls in November.
On the same day, voters in Eureka, a historically politically staid
city a dozen miles away, surprised everybody by approving an identical measure.
"The idea that Humboldt County can fight the federal government is as
ridiculous as hell, but goddamn it, we're gonna try," said Winfield
"Win" Sample, a World War II veteran turned Orwell-quoting pacifist
who brought Arcata's measure to Eureka.
In the past, Arcata's quirky pokes at Washington have been shrugged
off as the antics of pot-drenched students and patchouli-scented
hippies for whom the '60s never quite died. Passionate, but largely irrelevant.
Heading for court
This time the federal government isn't shrugging. A court hearing is
scheduled in Oakland on June 9 on the government's demand that the
cities' laws be overturned for seeking powers constitutionally
granted to the federal government.
Characteristically anti-war cities, including San Francisco and
Berkeley, have tried to battle military recruitment. But nobody can
recall a case where a city used the ballot box as a
counter-recruitment tool, an act that has broader significance.
"It touches on a couple of core issues that really relate to the
foundation of government," said Allen Weiner, a senior lecturer at
Stanford Law School. "The questions of what areas belong to the
federal government, and what areas belong to the state."
Until November, this town of 18,000 seemed to many residents to be
dialing back its rebellious ways, booting some of its more radical
activists off the City Council and focusing more on fixing potholes
than foreign policy, and Eureka hardly had a history of such
obstinacy. Now some in Eureka, where "Support the Troops" ribbons far
outnumber the "U.S. Out of Humboldt" bumper stickers more common in
Arcata, worry that Arcata's infra-blue attitude is catching on there.
"People's sense of responsibility isn't there anymore," said Michael
Hagedorn, a former Marine and father of two teenagers in Eureka who
voted against the law. "It's a responsibility of everybody to take
care of this country and serve this country. ... That should be
instilled in kids."
But others say the anti-recruiting measures appealed to Humboldt
County's spirit of self-reliance and self-determination, which harks
back to the Gold Rush. Tucked behind a wall of towering redwoods and
lacking a railroad link to the Bay Area until 1914, its population
was largely cut off from the rest of California.
Today, Highway 101 provides relatively quick access to the urban
centers to the south, but the sense of a Redwood Curtain dividing the
county from the rest of the state has never completely faded.
"The fact that Eureka followed suit tells me it's more about
independent thinking," said Laura Middlemiss, who was born and raised
in Arcata, raised three kids there and felt that recruiters calling
her kids at home went too far.
"The reason this measure passed in this region is that people don't
want to be told what to do."
The man behind the laws
The law was the inspiration of former Arcata City Councilman Dave
Meserve, who gained national attention after his 2002 election by
spearheading a first-in-the-nation law making compliance with the USA
Patriot Act illegal.
The council followed up with repeated resolutions calling for Bush's
impeachment and withdrawal of troops from Iraq. Meserve's failure to
win re-election in 2006 is generally attributed to voter weariness of
his sometimes divisive activism.
Not easily deterred, in late 2007, Meserve began thinking about ways
to re-engage his town against the war. He hit on military recruiting,
which he saw as a link between war overseas and everyday life at
home, and he decided that instead of going to the same activists or
to the council, he'd go to the ballot.
"You don't get anywhere by getting the same 30 people out to the
demonstration. You don't get anywhere talking in all the cliches
against war, against imperialism," he said.
The measure, which Meserve wrote to focus on the naivete of youth,
easily qualified for the November ballot in Arcata, and then
qualified in Eureka, after a last-minute petition drive by Sample and
a handful of volunteers.
"Somebody had to start it," shrugged Sample, an outspoken man who
hands out business cards bearing an Edward Abbey quote - "A patriot
must be ready to defend his country against his government."
Even after it qualified, few thought Eureka would embrace Arcata's proposal.
"Twenty years ago, I don't think that would have had a ghost of a
chance of making the ballot, let alone passing," said Eureka Mayor
Virginia Bass, whose son is a Marine, and who signed the argument
against Eureka's version of the law. "Maybe (opponents) sat back and
said this could never happen - I don't know."
But when the polls closed on Nov. 4, the measure had won easily in both towns.
"I was of course happy with 73 percent in Arcata," Meserve said. "But
57 percent in Eureka just blew me away."
San Francisco's school board has battled against JROTC, and
Berkeley's City Council issued a letter - since rescinded - calling
local Marine recruiters "unwelcome intruders." But the Humboldt
County laws appear to be the most direct counter-recruitment effort
mounted by a city's electorate anywhere in the nation.
The Department of Defense refused to allow interviews with Humboldt
County recruiters, citing the lawsuit. A department spokeswoman,
responding to written questions, said it is important for recruiters
to be able to help young people and their parents make informed
decisions about military service.
According to data by the National Priorities Project, Humboldt County
youths enlist in the Army at a rate of about 1.5 per 1,000 15- to 24-
year-olds - a rate a tad higher than California as a whole, and about
on par with the national average.
In its lawsuit, government lawyers claim the country will suffer
"irreparable harm" if the Arcata and Eureka laws are allowed to stand.
Few people believe the laws will survive the legal challenge.
"The federal government is going to win. If you look at the law it
seems like almost a no-brainer," said Weiner, the Stanford Law School
lecturer, who is not connected to the suit.
The supremacy clause placing certain powers - including regulating
the military - in federal hands is well established, Weiner said, and
generally trumps the right to privacy being claimed by the cities.
The cities are also claiming that the United States is party to
international treaties prohibiting the recruitment of children under
17 - which they argue include activities such as talking about the
benefits of military service.
The treaties, the cities argue, hold equal standing to the supremacy
clause, an argument Weiner called novel.
"If they were to have a chance, that would be the one place they had
a chance," he said. But, he added, it is likely the court will define
"recruiting" as not simply a matter of discussing the benefits of
military service, but as a matter of actually signing someone up to
serve in the armed forces.
Currently, recruits must be 18 to enlist in the military - 17 with
parental permission - although contact with recruiters may begin at any age.
Activists take notice
Win or lose, for Meserve, the election demonstrated that activists
can be more effective by reaching out to mainstream voters instead of
putting all their resources into rallies or symbolic resolutions - a
message that is spreading among activists from Berkeley to back east.
"Activists around the country are certainly looking at this and
saying, 'Hmmm, maybe we can do something like that here,' " said Sam
Diener, editor of Peacework Magazine in Cambridge, Mass.
Enforcement of the laws is on hold for now, pending the court
hearing. Recruiters are still operating in their small offices behind
the Big 5 Sporting Goods in Eureka. Recruitment there also takes in Arcata.
And young people who wish to serve are still signing on the dotted line.
"My grandpa was in the Army. I just kind of want to get out of
Humboldt County and try something new," said Mary Bellach, a
17-year-old from Fortuna who is going through the enlistment process.
Her sister, Heather Bellach, will go to Air Force boot camp next
month. "Personally, I think it's up to the kids. It's what they're
going to do for the rest of their lives."
No matter what the outcome of the legal battle, residents of Humboldt
County seem to want to retain a sense of community.
Charles McCann, a lifelong Arcata resident who opposed the measure,
recalled in 2007 when his nephew, Peter Schmidt, came home to Arcata
as the county's first - and so far only - combat casualty in Iraq.
It seemed like the whole town turned out for the funeral, McCann said.
So long as that spirit remains, he said, he isn't tempted to wish
away all the hippies and students and rebels and turn Arcata back
into the conservative logging town of his youth.
"I think we'd lose something. The broad range of members of society,
I don't find that threatening," he said. "That's what changes society."
In Travel: Funky, friendly, and forever Arcata, a great,
forest-shrouded place to visit. G6
The Arcata Youth Protection Act
This text is an abridged version of the Arcata law passed in November
2008. Eureka passed an identical measure.
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.
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.
Source: www.smartvoter.org
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E-mail Matthew B. Stannard at mstannard@sfchronicle.com.
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