Man charged for burning flag

Man cited for burning Mexican flag

Web Posted: 10/09/2007 10:11 PM CDT

Joe CongerKENS 5 Eyewitness News

It caused some controversy, but it was supposed to. Now, one man is headed to municipal court for burning a Mexican flag in protest in front of the Alamo.

The city is charging 46-year old David Bohmfalk with burning without a permit, even though no one gives permits to burn a flag.

"I was raised to respect my country," Bohmfalk said.

All the rallies and talk of amnesty for undocumented immigrants in May 2006 lit the fires of patriotism for Bohmfalk, he said.

"I just got angry," he said. "I decided I had to do something, make my statement, and that's what I did."

Bohmfalk had his own protest in front of a building known for revolution, where Davy Crockett and James Bowie made a stand. So did Bohmfalk but he used a lighter instead of gunfighter.

Park police cited Bohmfalk for illegal burning of rubbish, even it was a Mexican flag he set ablaze.

"Because of what it's made out of, it took a little while to burn it. It took me two minutes, but I got it lit," Bohmfalk

Authorities say his actions left some of the Mexican nationals in the Alamo crowd feeling burned. However, Bohmfalk's attorney, Jason Jakob, says, freedom of speech is Bohmfalk's constitutional right.

"My client felt so strongly, and exercised protest, by burning that flag," Jakob said.
Bohmfalk says while he was detained by police, he was harassed, his life was threatened, and he was even assaulted by some tourists who spit on him. Ironically, all these offenses are punishable by law. Jakob says flag burning is not.

"In America, every day we see people burning the American flag and it's become desensitized," Jakob said. "If we can allow that, we can certainly say that the Mexican flag can be burned."
As a former Texas police chief and military veteran, Bohmfalk says he knows his rights, and is fighting for them.

"Why should a foreign flag get any better protection than the American flag?" he said.

The city has not returned calls for comment. As for Bohmfalk's right to a speedy trial, that's been delayed as well. His trial has been reset three times.