By Stephen Losey
Air Force News
Oscar Rodriguez, the retired senior master sergeant whose ejection during a flag-folding ceremony at Travis Air Force Base in California sparked a nationwide uproar, is suing the Air Force for alleged civil rights violations.
In April 2016, Rodriguez was thrown out of a retirement ceremony for his friend Master Sgt. Charles Roberson when he stood — at Roberson’s request — to deliver an unauthorized speech during a flag-folding ceremony that mentioned God.
Roberson is also a plaintiff to the lawsuit, which was filed on their behalf by the religious freedom organization First Liberty Institute. Rodriguez is alleging violations of his rights under the First, Fourth and Fifth Amendments of the Constitution.
“No one should be assaulted for saying the word ‘God’ on an Air Force base,” Hiram Sasser, general counsel for First Liberty, said in a release. “Certainly, our United States airmen are strong enough to be exposed to the word ’God’ at a retirement ceremony.”The Air Force Inspector General said in a September 2016 report that Rodriguez was not removed because his speech mentioned God, but because it was unauthorized.
The IG said that Rodriguez had been told multiple times that he could not deliver his speech because the ceremony was an official on-base retirement, and his speech was not the one spelled out in Air Force regulations. He was told he could attend the ceremony quietly as a guest but not as a participant.
Rodriguez ignored those instructions and stood up to deliver his speech. After delivering his opening lines, he was dragged out by four noncommissioned officers while continuing to shout his speech.
A video of his ejection posted by the John Q. Public blog went viral, and the incident prompted a debate over whether the officials at Travis went too far.
A video of his ejection posted by the John Q. Public blog went viral, and the incident prompted a debate over whether the officials at Travis went too far.
Air Force IG: God talk didn't get retired airman kicked out of friend's retirement ceremony
The controversial and forcible removal of a retired airman who was attempting to deliver a flag-folding speech at a friend's retirement ceremony was because it was unauthorized and not because it mentioned God, the Air Force Inspector General said.
“I spent my career in the Air Force defending this country from its enemies,” Rodriguez said in the First Liberty release. “I never thought any Air Force official would be afraid that someone would use the word ‘God’ on base, and I am shocked that they would assault me for trying.”
In the wake of the uproar, the Air Force in June 2016 revised its rules to specifically allow religious language during flag foldings at retirement ceremonies.
The lawsuit asks the court for a judgment declaring the Air Force violated Rodriguez and Roberson’s rights to free speech, free exercise of religion and due process and rights against unreasonable search and seizure.
It also asks for a permanent injunction requiring the Air Force to follow its revised policy and allow Rodriguez to perform his speech at retirement ceremonies and other events when he is invited to do so.
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