On The Front Lines
Rutherford Institute Defends Disabled Veteran Threatened with Arrest for Distributing 'Buddy Poppies' in Memory of Fallen, Injured Soldiers
WASHINGTON, DC--The Rutherford Institute has come to the defense of a disabled veteran who was repeatedly threatened with arrest and prohibited from distributing and accepting donations for "Buddy Poppies" to benefit veterans while on the National Mall in Washington, DC. Buddy Poppies are small, artificial red flowers assembled by disabled veterans as a reminder of the sacrifices made by members of the U.S. military. The poppy is the official memorial flower of the Veterans of Foreign Wars (VFW). The VFW works to assist disabled veterans and improve health care for veterans of the Armed Services. Institute attorneys filed a First Amendment lawsuit in U.S. District Court in the District of Columbia.
"We owe our gratitude to veterans who have served in the military and in combat to defend the Constitution and protect the security and well-being of the United States and its citizens," said John W. Whitehead, president of The Rutherford Institute. "The National Park Service's behavior toward John Miska shows a clear lack of respect for all veterans who have given so much, even their lives, to protect our freedoms."
Vietnam War veteran John Miska, the Commander of the VFW post in Ruckersville, Va., routinely appears in uniform in public to share Buddy Poppies with passersby without making any request or demand for payment or donation. However, donations are accepted and used for veterans' welfare, for the well-being of their needy dependents, for a disabled veterans' relief fund and to support veterans' hospitals. Donations also enable the VFW to pay disabled veterans for their work in assembling the poppies. In most cases, the extra money provides income for the worker to pay for the little luxuries that make hospital life more tolerable. However, National Park Service officials in Washington, DC, have prevented Miska from accepting voluntary donations while handing out the Buddy Poppies on the National Mall. For example, in April 2008, Miska was ticketed by Park Police for panhandling after he accepted a donation while near the Vietnam Veterans Memorial. During the 2008 Fourth of July celebrations on the National Mall, Park Service personnel allegedly harassed and threatened to prosecute Miska or confiscate his supply of Buddy Poppies if he accepted donations.
Since 1922, the Buddy Poppy has been an integral part of the VFW community, representing the blood shed by American service members. The Buddy Poppy reminds people of the risks of injury and death posed to military members as they defend America and our way of life. Buddy Poppies are worn to indicate that the bearer stands with others to honor the memory of fallen heroes. Buddy Poppies are assembled by disabled veterans, often as part of a therapy program, and are distributed to raise public awareness about the serious issues facing veterans today, especially injured and disabled veterans.
In filing suit against the National Park Service, Institute attorneys have accused Park officials of infringing on Miska's First Amendment right to speak freely in support of veterans on federal lands, whether by wearing a "Buddy Poppy" or talking with willing listeners.
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