Vet called terrorist for burning Mexican flag
Was protesting bill giving amnesty to millions of illegal aliens
--San Antonio Express-News

Flag-burning man sues city

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By Guillermo Contreras - Express-News

A Hondo man who was cited for burning the Mexican flag in front of the Alamo is suing the city of San Antonio, park rangers and The Daughters of the Republic of Texas over the matter.

David Bohmfalk, 48, claims he burned the flag on May 17, 2007, to protest a Senate bill that would have given amnesty to millions of unauthorized immigrants. The measure did not become law.

His lawsuit, moved Friday to federal court from state court, alleges rangers with the Alamo and the city violated his First Amendment right to free speech.

The suit alleges false imprisonment, malicious prosecution, defamation and intentional infliction of emotional distress. It seeks unspecified compensatory and exemplary damages.

The officers, the suit said, detained Bohmfalk more than an hour and called him a terrorist before deciding to cite him with illegal burning without a permit, a misdemeanor.

Bohmfalk, a disabled veteran and former police chief of Bracketville, tried to get a permit, but the city does not issue permits for flag burning, said his lawyer, Jason Jakob. Jakob also said even though the flag was not an American flag, activity the U.S. Supreme Court has ruled is constitutionally protected free speech, does not matter.

In court-filed responses, lawyers for the city and the Daughters of the Republic of Texas, which operates the Alamo, deny most of the allegations.

The city in October 2007 backed away from collecting a $198 fine from Bohmfalk. Prosecutors dismissed the charge once Bohmfalk made a public plea and the case received national attention.

The suit said that while Bohmfalk was detained by Alamo rangers, city park rangers arrived and began discussing what felony they could charge him with. They called him a “domestic terroristâ€