Long Beach Trump fan refuses $50G settlement with the city in flag flap

A Long Beach man is refusing a $50,000 settlement with the city following a $25 million suit he filed after he was cited for flying flags supporting President Donald Trump, some with profanities.

Attorneys in March said they had a tentative agreement between Michael Wasserman, 67, and the city administration in the 5-year-old lawsuit, which alleged a violation of free speech.

Wasserman was given a $200 ticket in March 2021 for flying a Trump flag, an American flag and a thin blue line flag from his car.

City officials said at the time the flags on his vehicle violated a city code on public property, but he was not fined for other flags he hung from his balcony facing the Long Beach boardwalk, which officials said were protected by the First Amendment.

The city dismissed the original citation, but the suit demands the city change its sign law.

The City Council voted in February to approve a $50,000 settlement in the case. As part of the settlement, the city had agreed to change its statute regarding signs and flags, for which Wasserman was cited.

Wasserman’s attorney, Andrew Campanelli, sent a March 30 letter to the federal Eastern District judge, saying they had agreed to a monetary settlement, but were still discussing revisions to the city statute.

The city followed with a letter last week saying despite agreeing to the language of the settlement, "Unfortunately, Mr. Wasserman appears to be refusing to sign the settlement agreement."

U.S. District Judge James Wicks ordered Wasserman and city attorneys to appear for a status hearing on Friday in his Central Islip courtroom

Campanelli said Wasserman wants the city to acknowledge or admit that he was selectively prosecuted for flying his Trump flags. He said Wasserman was the only person ever cited under the sign law. He expects the case to go to trial unless the city admits fault.

"If they’re not willing to admit he was singled out, I don’t think there’s any amount of money he would agree to settle," Campanelli said.

When reached by Newsday on Tuesday, Wasserman declined to comment.

Campanelli said the city’s sign law selectively regulated signs based on their content, not on their size and location, and includes several exemptions for national flags and organizations.

Wasserman was cited for flying the flag on public property, but Campanelli pointed to exemptions in the statute and various examples of other flags flown in the city, including an LGBTQ pride flag at a boardwalk restaurant.

"There are flags all over private and public property. He was the only one that has ever been charged under the sign law based on content. It’s unconstitutional," Campanelli said.

City officials said they could not comment on the pending legislation. Outside counsel for the city requested the Friday hearing after Wasserman refused to sign the settlement.

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.