A federal district court judge has stopped a lawsuit filed on behalf of a registrant who is also a military retiree and denied access to a military base solely because he is currently required to register. According to that judge, access to a military base is a privilege and not a right. The judge also noted that a base commander has absolute authority to control access to a military base.
In addition to granting the federal government’s motion to dismiss the case, the judge denied plaintiff the right to amend the complaint. The reason stated for that decision is that “Plaintiff cannot cure these defects via amendment as a matter of law.”
The court agreed with one argument made by Plaintiff, that is, the doctrine of sovereign immunity does not apply to this case. That is because the lawsuit sought an injunction requiring the base commander to allow Plaintiff access to Vandenberg Space Force Base in Santa Barbara County.
“We are discouraged by the court’s ruling in this case,” stated attorney Janice Bellucci. “There may, however, be opportunities in the future to challenge similar decisions made by base commanders in different states.”