Home OP-ED When Is a Flag Illegal?

When Is a Flag Illegal?

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VA officers performing their duty?

Under the apparent orders of top VA officials, VA police issued a deceptive arrest citation and confiscated the American flags of Veterans’ whistleblower Bob Rosebrock at the Old Veterans Guard’s 397th consecutive Sunday Rally three days agp to “Save Our Veterans Land” and to “Bring Our Homeless Veterans Home.”

Every Sunday since Memorial Day, Mr. Rosebrock, a 73-year old Vietnam War Veteran, has patriotically hung two of his personal American flags on the front fence of the Los Angeles VA.

He has done this in honor of the men and women who have defended our nation and its flag, particularly those who are convalescing at the VA from their war injuries.

However on Sunday, just three minutes after Mr. Rosebrock hung his American Flags, and three hours after sending a widespread email addressed to Vincent Kane, VA Secretary McDonald’s special assistant, that exposed and challenged extensive VA corruption, a VA police car approached rapidly across the Grand Lawn to the front gates of the VA.

Two armed VA police officers exited their patrol car, one with a camera. The other directed Mr. Rosebrock to remove the two flags or else he would be cited and his flags confiscated as “evidence.”

Mr. Rosebrock questioned the VA police officer about this bizarre action. He wanted to know what law he was supposedly violating. A federal regulation that prohibits displaying placards or posting materials on VA property, the officer replied.

Mr. Rosebrock told the police officer the American flag did not fit that description. Hanging an American flag on the outside of the VA in honor of our Veterans never should be deemed unlawful, he said.

He questioned the police officer about why he was falsely harassing a Veteran on the outside instead of dealing with all the illegal land issues on the inside perpetrated by non-Veteran entities.

He questioned the illegal construction of a “public amphitheater” on VA property and why the officer didn’t demand that it be removed the same way he was demanding his flags be removed.

The officer said that was not his job.

The officer did what he was obviously sent to do, ordering Mr. Rosebrock to remove his two American flags.

It’s important to note that Mr. Rosebrock purchased one of the flags on Sept. 11, 2001, as a patriotic gesture in defiance of the terrorist attack on American soil.  He hangs it on the VA’s front fence as a salute in honor of the men and women who have served in the Iraqi and Afghanistan wars.

Mr. Rosebrock receives citation from VA cops
Mr. Rosebrock receives citation from VA cops

Consequently, Mr. Rosebrock refused to remove his two flags. The VA police officer charged him under “United States District Court Violation Notice” — 38 C.F.R. § 1.218(a) 9) “Displaying of placards or posting of materials on bulleting [sic] boards or elsewhere except as authorized.”

A small child will tell you this regulation has absolutely nothing to do with an American flag.

Nevertheless, the arresting officer informed Mr. Rosebrock that he could pay a $75 fine or appear in federal court and challenge it. Mr. Rosebrock assured him that he was not paying any fee for this bogus arrest citation and that he would appear in court.  The officer informed Mr. Rosebrock that he would receive a court appearance notice in four or five weeks.

Once they executed their illegal flag heist, the VA police departed hastily in their taxpayer-funded getaway car.

It should come as no surprise that top VA officials would go to great lengths to intimidate, harass and retaliate against Rosebrock over such minutia since he has been the major whistleblower against the VA’s far-reaching illegal use of VA property while they ignore, abuse and neglect thousands upon thousands of homeless Veterans in Los Angeles.

As a witness to Sunday’s fiasco, I have basic questions:

  • Why is the VA demeaning the American flag as an illegal placard or material on VA property and not as a revered symbol of freedom and justice in honor of Veterans at the VA?
  • How can federal VA police confiscate two American flags belonging to an elderly military Veteran who presents them in honor of war-injured Veterans, and declare them to be “evidence” of an illegal nature?
  • Are American military Veterans being subjected to government “flag control” the same way it tries to exercise “gun control” over America’s citizenry?
  • Does the government no longer respect the American Flag as a symbol of patriotism in honor of those who are rehabilitating from defending it?

It also needs to be noted that six years ago Mr. Rosebrock was falsely arrested six times by the VA police for hanging the American flag in distress on the front gate of the VA, in full accordance with the U.S. Flag Code as he sent forth a legal public message that Veterans’ lives and their property were in “extreme danger.”

Mr. Rosebrock won a federal judgment against top VA officials that eventually led to a second lawsuit and another federal judgment confirming the validity of his distress message that the lives and property of Veterans were indeed in extreme danger, and they still are.

Now Mr. Rosebrock is being retaliated against for continuously reminding top VA officials of their corruption, cronyism and coverup of illegal use of Veterans’ property and the VA’s failure to end Veteran homelessness, as promised.

As a witness to the VA’s unprecedented misconduct and unfair treatment against Mr. Rosebrock on Sunday, I am deeply concerned for his safety.

Wake up, fellow Americans. Speak up about this out-of-control corruption and retaliation at the Los Angeles VA.

Mr. Hayes is recognized as a leading civil rights activist. Not only has he experience of living years with hard-core, chronic, street- and sidewalk-dwelling homeless person, has devised the only national plan to eradicate it. See www.Domevillage.us

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