A member of the
Kansas group that has drawn criticism for protesting at
soldiers' funerals has been arrested for letting her
10-year-old son stomp on a U.S. flag during a
demonstration. She promised Wednesday to challenge the
state's flag-desecration law in court.
Shirley
Phelps-Roper, 49, will be charged with flag mutilation,
disturbing the peace, and contributing to the delinquency of
a minor, Sarpy County Attorney Lee Polikov said
Wednesday.
Phelps-Roper, a
member of the Westboro Baptist Church, acknowledged that
she allowed her son Jonah to stand on the flag Tuesday,
which she says is protected by the U.S. Constitution.
''It's utter
nonsense,'' said Phelps-Roper, a lawyer. ''I don't know what
else to tell you other than that we'll see them in federal
court.''
Phelps-Roper is a
daughter of Westboro's founder, the Reverend Fred
Phelps. Members of Westboro have protested at more than 280
military funerals in 43 states since June 2005, she
said.
The group says
the deaths of U.S. soldiers are God's punishment for a
nation that harbors gays and lesbians. Nebraska and 37 other
states have laws restricting how close protesters can
get to funerals, inspired at least in part by the
Westboro protests.
Tuesday's funeral
in suburban Bellevue was for Nebraska Army National
Guard specialist William ''Bill'' Bailey, who was killed May
25 when an explosive device struck his vehicle in
Iraq.
Phelps-Roper was
arrested because she was involved in a potentially
volatile situation in the presence of Bailey's friends,
relatives, and fellow soldiers, Polikov said. Bellevue
has a strong military presence, with Offutt Air Force
Base located at the south edge of town.
''To come into
that environment and communicate what I would call
fighting words--provocative language and
acts--you can't do that,'' Polikov said. ''You
might elicit a violent response. That's against community
peace and community law.''
Phelps-Roper was
arrested about an hour before Bailey's funeral when an
officer observed the boy stomping on the flag, Bellevue
Police captain Herb Evers said. She was booked
and released after posting $150 bail.
Nebraska's flag
law says: ''A person commits the offense of mutilating a
flag if such person intentionally casts contempt or ridicule
upon a flag by mutilating, defacing, defiling,
burning, or trampling upon such flag.''
Flag mutilation
and disturbing the peace are each punishable by 90 days
in jail, a $500 fine, or both. Contributing to the
delinquency of a minor is punishable by a year in
jail, a $1,000 fine, or both. All three are
misdemeanors.
Polikov said he
was considering filing a negligent child abuse charge
because Phelps-Roper put her son in a dangerous situation.
(AP)
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