On The Front Lines
Victory: National Park Service Accedes to Rutherford Demands, Agrees to Respect Veteran's Right to Distribute 'Buddy Poppies' on National Mall
WASHINGTON, DC--Acceding to demands made by The Rutherford Institute, the National Park Service has agreed to respect the right of a disabled veteran to distribute "Buddy Poppies" on the National Mall in Washington, DC. The Rutherford Institute had filed a First Amendment lawsuit in November 2008 in U.S. District Court in the District of Columbia. In a settlement negotiated by Rutherford attorneys, the federal government has agreed to respect Vietnam War veteran John Miska's right to freely distribute Buddy Poppies in order to raise awareness about veterans' issues. Miska will also be allowed to accept funds from persons who desire to support veterans. 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.
"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. "This is a great victory for free speech. Thank God for those like John Miska who stand and fight for their freedoms."
Vietnam War veteran John Miska, of 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, funds 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. Funds 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, prevented Miska from accepting voluntary donations while handing out the Buddy Poppies on the National Mall. 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.
In filing suit against the National Park Service, The Rutherford Institute charged that Park officials infringed 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. Since 1922, the Buddy Poppy has been an integral part of the VFW community, representing the blood shed by American service members and 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.
Press Contact
,
