Thursday, May 21, 2020

We won. Memorial Day flags on graves at St. Augustine National Cemetery

Thanks to Rep. Michael Waltz and his staff, VA General Counsel William Hudson, Jr., Randy Reeves, VA Under Secretary and his staff, and St. Johns County Veterans Council, flags are going up on individual graves at St. Augustine National Cemetery.   I've asked that the VA's cemetery advisory committee meet here to discuss COVID-19 and future events:





Photo credit: 
Col. Mark A. Tolzmann, U.S. Army (Ret.):
      Taken today at 1545.

-----Original Message-----
From: Ed Slavin
Sent: Thu, May 21, 2020 5:06 pm
Subject: Thank you, everyone! Re: [EXTERNAL] Memorial Day Flags on Graves at St. Augustine National Cemetery -- APA Status Inquiry on my exoedited E-FOIA request of May 16, 2020
Thank you to: 

U.S. Department of Veterans Affairs 
Under Secretary Randy Reeves, 

VA National Cemeteries Administration Chief of Staff Thomas Howard, and 

VA General Counsel William Hudson, Col., U.S. Army, (Ret.)

Dear Under Secretary Randy Reeves, NCA Chief of Staff Tom Howard and VA General Counsel Wm. Hudson:

1. Thank you all for listening, and thanks to our U.S. Department of Veterans Affairs HQ staff for taking swift action to place American flags on all 3384+ graves at St. Augustine National Cemetery for Memorial Day 2020.

2. We sincerely appreciate your responsiveness!  The flags are up.  See photos , below.  We're also grateful for U.S. Rep. Michael Waltz's and Rep. Brian Matz's staff and St. Johns County Veterans Council for speaking out. 

3. Would you please be so kind as to ask our VA Advisory Committee on Cemeteries and Memorials to discuss COVID-19 safety measures and St. Augustine National Cemetery at its next meeting?  

4. I have contacted the VA ACoCM's Federal Advisory Committee Act compliance officer, Ms. Christine Hamilton, and would respectfully ask that VA kindly share my e-mails (below) with ACoCM members and others on the ACoCM distribution list.

5. Please direct that VA ACoCM allow robust and uninhibited public testimony, whether in-person, or by telephone, or by Zoom or by other electronic means, e.g., about the need for public participation in NCA decisions on COVID-19 safety and public events in St. Augustine, Florida.

6. May I suggest that VA ACoCM kindly plan to meet here, in St. Augustine, later this year, perhaps at our historic St. Francis Barracks?

7. Thataway, the VA ACoCM members may walk through, and see, our Nation's Oldest National Cemetery, and review VA NCA COVID-19 precautions for future Veterans Day and Memorial Day events.

Thank you!

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com

Note: Please be sure to give photo credit to 
Col. Mark A. Tolzmann, U.S. Army (Ret.):


      Taken today at 1545.Image  
Image  

Image  

Image


-----Original Message-----
From: Howard, Tom (NCA)
To: Ed Slavin
Sent: Wed, May 20, 2020 4:16 pm
Subject: RE: [EXTERNAL] Memorial Day Flags on Graves at St. Augustine National Cemetery -- APA Status Inquiry on my exoedited E-FOIA request of May 16, 2020
Mr. Slavin:
Thank you for your email and the opportunity to speak on the phone. 
As we discussed, to make informed decisions during the ongoing COVID-19 pandemic, NCA used existing Centers for Disease Control and Prevention (CDC), and state and local public health guidance to maintain physical distancing, limit the size of gatherings and encourage vulnerable populations to remain sheltered in place.  Therefore, NCA made the difficult decision to not host public events for Memorial Day, including the placement and retrieval of gravesite flags by groups.  At certain national cemeteries, where NCA staff have capacity, we will be placing flags for Memorial Day. This includes St. Augustine National Cemetery, where staff will place individual American flags at all gravesites and also display the “Avenue of Flags”.    
Additionally, all 142 VA national cemeteries, including St. Augustine, will be open for visitation throughout the Memorial Day weekend. Families and friends are welcome to place flowers or individual flags at Veterans' gravesites. Cemetery visitors are asked to adhere to CDC, state and local health and safety guidelines and local travel restrictions.   
I have ensured your FOIA request is properly referred for a response.
Thank you again for your support. 
Tom 
Tom Howard
Chief of Staff
National Cemetery Administration
202.461.6215
From: Ed Slavin  
Sent: Tuesday, May 19, 2020 7:09 PM
Subject: [EXTERNAL] Memorial Day Flags on Graves at St. Augustine National Cemetery -- APA Status Inquiry on my exoedited E-FOIA request of May 16, 2020
Dear VA Under Secretary Reeves:
1.  I spoke today by telephone with U.S. Department of Veterans Affairs General Counsel, Col. William A. Hudson, Jr. (Ret.), who suggested that I contact you to make my request that VA kindly approve and allow American flags to be placed on graves in our St. Augustine National Cemetery for Memorial Day, 2020.
2.  I explained to Col. Hudson how easily COVID-19 social distancing might be implemented at our tiny 1.4 acre St. Augustine National Cemetery while American flags are placed on graves, a traditional honor provided by local St. Johns County Boy Scout troops.  (I left a phone message for your earlier.). 
3. This is our oldest national cemetery, established in 1828. The graves in our St. Augustine National Cemetery include Seminole War veterans, Civil War veterans (including graves marked U.S.C.T. for "U.S. Colored Troops") and veterans of all wars since that time.
4. The home of our Florida National Guard, St. Augustine is a small town that deserves a "morale boost" during these trying times, as we emerge from coronavirus lockdown.  
5. During World War II, my father was a morale non-com in the 82nd ABN DIVN, F. Co., 505th P.I.R., with three combat jumps in North Africa, Sicily and Normandy.  My dad would have spoken out in favor of safely putting the flags on honored graves.  (When I was six years old, in 1963, dad bought flags for our entire block, and he and I were photographed with one of the flags for the Camden, N.J. Catholic Star Herald.)
6. On May 16, 2020, I requested expedited FOIA handling of my Request No. 2020-171.
7. VA OIG acknowledged the request this morning.   I await a response from VA OGC tomorrow.
8. Please feel free to call me tomorrow to discuss allowing American flags on graves in our St. Augustine National Cemetery graves for Memorial Day 2020.  
9. It is First Amendment protected activity to place American flags on graves.  Our First Amendment deserves "breathing space."  NAACP v. Button, 371 U.S. 415, 433 (1963); New York Times. v. Sullivan, 3766 U.S. 254 (1974); Gasparinetti v. Kerr, 568 F.2d 311, 314-17 (3d Cir. 1977)(illegal restrictions on policemen’s First Amendment rights); Philadelphia Newspapers, Inc. v. Hepps, 479 U.S. 767, 772, 777 (1986)(O’Connor, J.)(newspaper entitled to breathing space in defamation case); Hustler Magazine v. Falwell, 485 U.S. 46, 52, 56 (1988) (Rehnquist, J.) (magazine parody of TV preacher entitled to breathing space); Keefe v. Ganeakos, 418 F.2d 359, 362 (1st Cir. 1969)(Aldrich, C.J.)(chilling effect on First Amendment of illegal suspension of teacher over Atlantic Monthly article on Vietnam War); Parducci v. Rutland, 316 F.Supp. 352, 355, 357 (M.D. Ala 1970)(Johnson, C.J.)(chilling effect in illegal firing of English teacher over Kurt Vonnegut’s Welcome to the Monkey House).
10. I can understand postponing the annual Memorial Day event, if that is your decision, to protect the health of our elders, including members of the "The Greatest Generation." 
11. But please direct that people be allowed to place flags on all of the graves in our oldest national cemetery, here in this magical place, founded on September 8, 1565.
12.  Please honor my May 16, 2020 expedited E-FOIA Request No. 2020-171.  (below).
Thank you!
With kindest regards, I am,
Sincerely yours,
Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-377-4998
st_aug_nat_cemetery_10x6-4web.jpg
-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
Cc: VACAFOIAService@va.gov <VACAFOIAService@va.gov>; vaoigfoia-pa@va.gov <vaoigfoia-pa@va.gov>
Sent: Mon, May 18, 2020 11:07 am
Subject: Fwd: Memorial Day Flags on Graves at St. Augustine National Cemetery -- APA Status Inquiry on my E-FOIA request
Dear Mr. Ketchel and Rep. Waltz:
1. Thank you both for looking into this today.   
2. VA should not be telling Boy Scouts that they can't place flags on graves on  Memorial Day.  It is First Amendment protected activity that brings our community together.  
3. Please make an APA status inquiry on my expedited FOIA request (below) and see if we can identify the decisionmaker with VA in D.C.
Thank you! 
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
Sent: Sat, May 16, 2020 10:38 am
Subject: Memorial Day Flags on Graves at St. Augustine National Cemetery -- APA Status Inquiry on my E-FOIA request
Dear Mr. Ketchel:
1. I saw and heard Rep. Michael Waltz speak eloquently at St. Augustine Beach on Veterans Day 2019.  Rep. Waltz spoke of parachuting into Normandy in 2019, something my father did at 1 AM on June 6, 1944 with the 82nd ABN DIVN, F. Co. 505th P.I.R.
2. Would you and Rep. Waltz please inquire as to the status of my May 16, 2020 E-FOIA request to VA, with request for expedited treatment and fee waiver?
3. I hope that you both agree that it is First Amendment protected activity to place flags on graves at a National Cemetery on Memorial Day, with masks and social distancing.
4. Would y'all please help me to obtain all of the pertinent documents on VA decisions re: Memorial Day 2020 at St. Augustine National Cemetery?
5. Have local Boy Scouts been forbidden to place flags, even with masks and social distancing?
6. Please help me obtain all VA and VA OIG documents on this action by close of business on Monday, May 18, 2020.
7. Please call me to discuss.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: VACOFOIAService@va.gov <VACOFOIAService@va.gov>; vaoigfoia-pa@va.gov <vaoigfoia-pa@va.gov>
Sent: Sat, May 16, 2020 10:25 am
Subject: Request No. 2020-171: URGENT: Memorial Day 2020 Flags on graves at St. Augustine National Cemetery
Good morning:
A. Would you please be so kind as to send me the VA and VA OIG records on any orders given forbidding Boy Scouts in St. Augustine, Florida to place flags on graves on Memorial Day in St. Augustine National Cemetery?"? If none exist, please so state.
B
1. In the event that there are other requests for this information, please expedite the release to me by PDF of all documents already released to others. 
2. Please waive any fees, as the release of this information is in the public interest and I meet the six factor FOIA test.  This request is urgent and time-sensitive, as the subject is a former government employee who is now a candidate in 2020 municipal elections. Please expedite your response: St. Augustine residents have a Right to Know about violations of Boy Scouts' rights to put flags on  graves on Memorial Day with masks and social distancing.
3. I am an investigative reporter with some 40 years of experience in informing the public, including winning declassification of the largest mercury pollution event in world history (Oak Ridge, Tenn. Y-12 Nuclear Weapons Plant, DOE/Union Carbide, 1983) and uncovering the City of St. Augustine's illegal dumping of a landfill in a lake and sequelae (2005-2010).  I can share copies of articles published in several American Bar Association publications, including Judges' Journal.
4. Release of the requested information will help promote the public interest in understanding federal government operations here in St. Augustine, Florida.
5. My blog has received more than 3.7 million  measured page views and helps inform people about governmental affairs.  We've had more than 75 public interest victories here since 2005, in a county the Rev. Dr. Martin Luther King, Jr. once called "the most lawless city in America."    
6. Addressing the six federal FOIA factors:
Factor 1. The subject of the request: The subject of the requested records concerns "the operations or activities of the government." .
Factor 2. The informative value of the information to be disclosed: The disclosure is "likely to contribute" to an understanding of government operations or activities. 
Factor 3. The contribution to an understanding of the subject by the public is likely to result from disclosure: Disclosure of the requested information will contribute to "public understanding." The disclosure will contribute to the understanding of a reasonably broad audience of persons interested in the subject. I have developed expertise in pertinent subject areas and the ability and intention to convey information to the public. (It is presumed that a representative of the news media will satisfy this consideration.)
Factor 4. The significance of the contribution to public understanding: The disclosure is likely to contribute "significantly" to public understanding of government operations or activities."   
Factor 5. The existence and magnitude of a commercial interest:   No commercial interest. 
Factor 6. The primary interest in disclosure:  There is no "commercial interest."  FOI officers know that when a "news media requester has satisfied the public interest standard, the public interest will be the interest primarily served by disclosure to that requester."
7. Please call me if you have any questions. 
8. Please use my Request No. 2020-171 in the title of all correspondence.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
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