Thread: Idaho Teacher Charged With Flag Desecration

Idaho teacher charged with flag desecration


http://www.magicvalley.com
- The Associated Press
Edition Date: 06/19/08


BOISE, Idaho — A man in south-central Idaho accused of stomping on a U.S. flag has been charged with mutilating the flag under a law passed in 1981 by the Idaho Legislature.

Dan Luker was charged late last month in 5th District Court with one count of "public mutilation of the flag," a misdemeanor punishable with up to 180 days in jail and a fine of $1,000

Luker pleaded not guilty May 23. A pretrial hearing is planned for July 2.

Luker's attorney has told the Minidoka County prosecutor's office that a motion to dismiss will be filed ahead of that date, said Melissa Aston, a deputy prosecuting attorney. She said when that happens, a hearing will be set before July 2.

The U.S. Supreme Court has previously struck down laws forbidding flag desecration.

"We are aware that there are some free speech constitutional challenges that will be asserted," said Aston. "The statute is still a valid statute in Idaho, and our office obviously is supposed to uphold and prosecute violations of the laws of the state of Idaho."

The incident occurred May 5 at Minico High School, where Luker was employed as an English as a second language teacher. He has since resigned.

Some students had brought Mexican flags to the school that day in celebration of Cinco de Mayo, which recognizes Mexico's victory over the French army on that day in 1862.

One student had his Mexican flag taken away and put in a garbage can by gym instructor Clint Straatman. Luker said he was responding to that incident, and that his actions were also triggered by the school administration's indifference to what he called generalized mistreatment of Latino students.

"For me, it was less about the flag than it was about preventing the abuse of students and staff," Luker told The Times-News. "I had made abuse reports previously and the abuse that I reported previously had been allowed to continue."

Authorities say Luker threw the U.S. flag on the floor of an administrator's office at the school and stomped on it, breaking the wooden stem and ripping the flag off its fastenings.

"We feel like the issue has been appropriately resolved," said Scott Rogers, Minidoka County School District superintendent. "It's now taking its course through potential legal avenues. We've been directed to not talk about it by legal counsel."

The incidents with the flags early in May led to protests and counterprotests at the school, which heightened security amid racial tension.

http://www.idahostatesman.com/531/story/420321.html

They ought to throw this jerk in jail and throw away the key. And what's this crap about him teaching an English as a second language.

Some students had brought Mexican flags to the school that day in celebration of Cinco de Mayo, which recognizes Mexico's victory over the French army on that day in 1862.

Which has no place in our schools outside of a mention as a part of world history.......nothing to require a celebration or flags or anything. We don't celebrate every war or battle across the globe to recognise our various immigrants heritage and history. Your in America now.....not Mexico. Wave your flag and celebrate it at home.......

He resigned. I bet that makes the Latino students wonder about it. Not good trying to make a big deal about another country, especially one that doesn't give the same courtesy to others in their country. Why don't these people who think Mexico is sooooooooo great just go there. I bet they'd be wailing and sobbing to come back.

"For me, it was less about the flag than it was about preventing the abuse of students and staff," Luker told The Times-News. "I had made abuse reports previously and the abuse that I reported previously had been allowed to continue."

Obviously, teaching anchor babies and illegals how to speak English has confused Luker as to what country he's actually living in and where is loyalties should be. The mexican flag has no business being displayed in a celebratory fashion anywhere in our schools (or this country). If you want to wave the mexican flag, then go to mexico and do it.