Robert Rosebrock v. Donna Beiter, Director of The Veterans Administration Greater Los Angeles HealthCare Systems, in her official capacity; Ronald Mathis, Chief of Police of the Veterans Administration Greater Los Angeles HealthCare System, in his official capacity
Published: Jul. 16, 2011 | Result Date: May 27, 2011 | Filing Date: Jan. 1, 1900 |Case number: 2:10-cv-01878-SJO-SS Bench Decision – Plaintiff
Court
USDC Central
Attorneys
Plaintiff
Peter J. Eliasberg
(ACLU Foundation of Southern California)
Defendant
Facts
The American Civil Liberties Union filed a lawsuit on behalf of Robert Rosebrock, a Vietnam veteran, against the Veteran's Administration alleging violations of his Freedom of Speech rights. Rosebrock, along with other veterans, have protested the VA's land-use policies every Sunday since 2008 outside VA property in west Los Angeles. He often displayed the American flag upside down on a fence during his protests to draw attention to his group's cause.
Police demanded that Rosebrock remove the flag, but he refused. The police had to remove it themselves. The VA police had previously allowed Rosebrock to display the flag right side up at the same time. He was quickly cited whenever he hung the flag upside down for "unauthorized demonstration or service in a national cemetery or on other VA property." The VA eventually dismissed the citations.
Result
The federal court ruled that the VA violated Rosebrock's free speech rights.
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