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Flag-burning man sues city

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

David Bohmfalk, salve 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.

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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.

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