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U.S. v. CITY OF ARCATA

No. 09-16780.

629 F.3d 986 (2010)

UNITED STATES of America, Plaintiff-counter-defendant-Appellee, v. CITY OF ARCATA and City of Eureka, Defendants-counter-claimants-Appellants, v. Robert S. Gates, in his official capacity as United States Secretary of Defense; David S. Chu, in his official capacity as United States Under Secretary of Defense for Personnel Readiness, Counter-defendants-Appellees, v. Vote Yes on Measures F and J Committee, Defendant-intervenor.

United States Court of Appeals, Ninth Circuit.

Filed December 17, 2010.

Attorney(s) appearing for the Case

Joel McElvain , Christine Noel Kohl , and Scott R. McIntosh , Department of Justice, Washington, DC, for the plaintiff-counter-defendant-appellee and counter-defendants-appellees.

Brad Yamauchi , Minami Tamaki LLP, Michael Sorgen , Law Offices of Michael S. Sorgen, San Francisco, CA; Nancy Diamond , Law Offices of Nancy Diamond, Arcata, CA; and Sheryl Schaffner , City of Eureka, Eureka, CA, for the defendants-counter-claimants.

Before: ALEX KOZINSKI, Chief Judge, PAMELA ANN RYMER, Circuit Judge, and MATTHEW F. KENNELLY, District Judge.

OPINION

KENNELLY, District Judge:

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...

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