A New York man is suing the city of Long Beach for $25 million over allegedly being unfairly targeted for flying flags in support of law enforcement and former President Donald Trump.
Michael Wasserman, a 62-year-old local businessman, claims his rights are being violated after being pressured to remove his flags following several complaints that were made to city officials by residents.
Photos in court documents show Wasserman had a variety of flags outside of his home and vehicle, including those supporting Trump in the 2020 election and disparaging President Joe Biden, as well as an American flag and a”Thin Blue Line” flag in support of law enforcement.
The complaint, filed in the Eastern District of New York on Monday, alleges that on March 16, Police Chief Ronald Walsh and at least three officers came to Wasserman’s home, requesting he move his flags that were flying from his car, saying they violated local ordinances.
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A few days later, on March 21, Wasserman flew a “Trump for 2024 America First” flag along with a pro-police flag from his car outside of his residence, after which Wasserman was visited by a local officer who issued him a $200 summons for violating local ordinances, according to the lawsuit.
A 1989 city ordinance requires residents to reduce the size of flags or advertisements that may be distracting enough to cause traffic crashes or project over public rights of way. Wasserman claims in the lawsuit that he was not in violation of a local city code because of an exemption for “flags, emblems or insignia of any nation, governmental subdivisions, religious or fraternal organization or corporation.”
Specifically, the New York Post reported, the American flag would be a national flag, while the corporation exception would cover flags representing Thin Blue Line Foundation and the Save America President Donald J. Trump reelection Campaign, according to Wasserman’s attorney, Victor Feraru.
Long Beach police released a statement on the day Wasserman was given a citation in March saying the city, through the department, had been in contact with the man, “appealing to what the Commissioner of Police has termed, ‘our sense of community.'” The statement also alluded to Wasserman’s anti-Biden flag, which says, “F— Biden,” saying its language is profane but “considered constitutionally protected, especially when it is utilized as part of a political statement.”
Wasserman claims city officials targeted him over his conservative views, noting the majority of city leadership is made up of Democrats.
“As a result of the unconstitutional conduct of the Defendants as set forth above, Plaintiff has been stigmatized, caused to suffer humiliation and anguish and pecuniary loss,” the complaint reads. “The acts of Defendants as set forth above constitute an ongoing, intentional policy and practice of punishing Plaintiff for the exercise of his First Amendment rights to free speech and political activity and to deter Plaintiff and others from exercising those rights in the future.”
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Feraru, who conducted a Freedom of Information request over the ordinance, found that only one other person had been prosecuted over the specific law since it was first enacted 30 years ago.
The Washington Examiner reached out to the City of Long Beach for comment.
