Dispute over political flags flown by Long Beach man set for trial after settlement rejected

A Long Beach man’s federal lawsuit against the city is likely headed to trial after he claimed his First Amendment rights were violated when he was ticketed for flying flags for Donald Trump on his car.

Michael Wasserman, 67, appeared Friday in U.S. Eastern District Court in Central Islip, where his attorney and lawyers for Long Beach met privately with Judge James Wicks, who said later the parties were unable to negotiate a settlement. 

Wasserman filed the case in 2021 after the City of Long Beach gave him a $200 ticket for flying flags for Trump, including one with profanities against former President Joe Biden. They were on his car parked on public property in front of his condo facing the Long Beach boardwalk. The ticket was later dismissed.

Wasserman also flew an array  of flags from his Long Beach balcony but was not cited because it was private property.

"This case is old," Wicks said. "There’s nothing left of this case. At this point it looks like it will settle or go to trial."

Long Beach officials requested the hearing after Wasserman refused to sign a tentative $50,000 settlement reached in March. City Council members voted to approve the settlement and the city agreed to revise its city sign code.

Wasserman’s attorney, Andrew J. Campanelli, said his client refused to sign the settlement until the city acknowledged he was selectively prosecuted as the only person ever cited under the city’s sign law, which regulates political signage, but grants exemptions for other flags and organizations.

‘He was treated different for the content of his flags, which is fundamentally unconstitutional," Campanelli said outside the courtroom.

City officials declined to comment on the litigation.

Wasserman arrived at the courthouse in a yellow and white Porsche, heavily decorated with photos of Trump and a "Don’t Tread on Me" Gadsden flag, as well as several bumper stickers with obscenities toward Biden and former Vice President Kamala Harris.

He did not comment on the case but handed out Trump hats and bobbleheads out of his car.

At his Long Beach condo, inflatable cartoon versions of Trump sat on his balcony, while a Jeep and a Hummer were also parked outside with similar signage and flags.

His attorney pointed out what he said were flaws in the city’s sign code that regulate signage based on content, not according to size or location.

Campanelli and outside counsel for the city said they were prepared for trial but also asked the judge to make an immediate ruling known as summary judgment. 

Wicks set a June 8 deadline for attorneys to file motions for a summary judgment, prior to pretrial hearings.

"Keep talking," Wicks said. "I don’t think a settlement is impossible in this  case — just not today."

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.