Man Who Provoked Protests Files 1st Amendment Suit

A year after he provoked a storm of protest from the Vietnamese American community with his display of Communist icons, Truong Van Tran sued the city of Westminster and others Thursday for allegedly violating his free speech rights.

The lawsuit, filed in Orange County Superior Court in Santa Ana, accuses city officials, including Police Chief James Cook, of conspiring with the protesters and failing to enforce the law.

The suit also accuses protest leaders and Tran’s landlord, owner of the Bolsa Avenue mini-mall where he operated Hi-Tek Video, of preventing him from displaying the flag of Vietnam and picture of Ho Chi Minh that inflamed public passions for weeks.

“When the Vietnamese community refused to honor freedom, I thought at least my landlord, police and the city of Westminster would,” said Tran, who appeared Thursday with his lawyer to announce the suit wearing a small flag of Communist Vietnam pinned to his lapel. “After all, it is their legal duty to do so. Unfortunately, they also took the side of censorship. They not only failed to protect my free speech rights but actually helped to rob them from me.”

Legal experts disagree over how strong Tran’s case may be. Some point to a U.S. Supreme Court ruling that government agencies can’t be held for inaction in such cases. Others say police should have done more to keep protesters away.

Tran’s display of a Vietnamese flag and poster of Ho Chi Minh inside his Little Saigon video store last year sparked 53 days of demonstrations by crowds of up to 15,000.

Shortly after the protest began, mini-mall owner Danh Nhut Quach won a judge’s order forcing Tran to take down the flag and poster. But Tran, backed by the American Civil Liberties Union and represented by Santa Ana lawyer Ron Talmo, persuaded the judge to reverse herself, arguing that his right to political expression under the 1st Amendment was being infringed.

The protest reached a climax on March 1 when Tran showed up to rehang the flag and was attacked by the crowd. Though not seriously hurt, Tran was dragged away by officers for his safety.

In his lawsuit, Tran alleges that Cook told protesters that the shopkeeper was returning to his store but didn’t warn Tran that he was expected. Officers also falsely arrested him by removing him from the scene, the suit claims. Cook declined to comment on the lawsuit.