Korean war veteran files lawsuit after arrest for selling flags

Darla Miles Image
Tuesday, November 4, 2014
Disabled vet arrested for selling Irish flags at St. Pat's parade
Darla Miles has the exclusive story of the vet, who plans to file a civil rights suit.

EAST CONCOURSE (WABC) -- An 81-year-old disabled veteran was arrested by NYPD officers for selling Irish flags at the St. Patrick's Day parade.

It wasn't illegal, but the cop busted him anyway.

Now he's about to file a federal civil rights suit against the city.

Everyone was clearly having a blast on St. Patrick's Day this past March, everybody but Denver Bannister.

"Probably stayed home, I wish I would've stayed home," said Denver Bannister, a Korean War Veteran.

The 81-year-old thought he'd pass a little time selling Irish flags at the St. Patrick's Day parade.

Why not, he already had this vendor's license, which clearly says disabled veteran.

So he set up a card table near West 42nd and Vanderbilt Avenue near Grand Central Terminal.

About an hour into the parade he was arrested.

"He come back and put the handcuffs and give me a ticket, he said for no license," Bannister said.

Attorney Neil Wallenstein says Bannister was arrested after his license had already been inspected.

"It doesn't make any sense at all. Again it's really an extreme abuse of power," Wallerstein said.

Bannister is now empty handed because he lost $1,600 worth of merchandise that day.

"His merchandise was not vouchered, he didn't get a receipt," Wallerstein said.

The Bronx District Attorney's Office later dismissed the charges. But Bannister's attorney plans to file this lawsuit against the city for false arrest and violation of his civil rights, which the veteran says is more about respect than anything else.

"Like to see them treat people a little bit better, it's nothing but a waste of time, nothing but a waste of time," Bannister said.