City of Long Beach agrees to pay $50,000 settlement in lawsuit over resident's flags

During the Feb. 17 meeting of the Long Beach City Council, members voted to approve a $50,000 payment to Long Beach resident Michael Wasserman. In May 2021, Wasserman filed a lawsuit against the City of Long Beach; the Long Beach Police Department; Ronald Walsh, Long Beach police commissioner at the time; and multiple specific police officers, initially seeking $25 million in compensation.

In March 2021, Wasserman was issued a $200 summons for displaying multiple flags on his vehicle while on public roads. The items in question included “Trump for 2024,” “[expletive] Joe Biden,” a thin blue line, and similarly themed flags. Wasserman claimed that his First Amendment right to free speech was being infringed. The city maintained that the summons was based on a city ordinance which states that public signs and distractions may contribute to traffic accidents.

Wasserman has attached more than 20 similar flags to his three vehicles parked on East Broadway, as well as inflatable displays and accessories on his street-facing balcony.

Because the case was still considered active litigation, specific details were not open for public discussion. City Manager Daniel Creighton pointed out that $50,000 was below the settlement amount recommended by a Federal judge and that Corporation Council Greg Kalnitsky — who represents the city in legal matters — agreed that the settlement amount was reasonable.

Residents at the meeting questioned the decision to not follow through with full legal proceedings, but were reminded that the council has reviewed the facts of the case and legal advice was to move forward with the settlement.

Long Beach resident Kathleen O’Leary raised a more specific concern. “I object to him saying the ‘F-word’ on the signs,” O’Leary said. “You have kids in the neighborhood. You have buses with schoolkids going through there. That’s wrong.”

Maria Gallagher, also a Long Beach resident, offered a counterpoint, “You led with, ‘a Federal judge recommended,’” Gallagher told attendees. “None of us like having to settle. But this man can take us to court and we can end up having to pay a lot more money. At some point, we have to trust our city council.”

Kalnitsky provided one anecdote regarding the outcome, saying, “The person, after he pays his attorneys, intends on donating the balance to Posh Pets or an organization like that.”