Last night on Latino Rebels Radio, our host @julito77 interviewed Fontana, California City Council candidate Tressy Capps, whose video (first reported by Pocho.com) asking a Spanish-speaking woman in nearby Ontario had gone viral and created an online controversy. Capps requested that Robin Hvidston of We the People Rising join her on the interview.
Near the end of the one-hour conversation, Capps shared her thoughts about whether it is anti-American to display a Mexican flag in the United States.
Julito: If you put up a Mexican flag in the United States on your private property, are you against America?”
Capps: It’s not a very respectful thing to do. I don’t think it sends a message to your neighbors that you are happy to be here…
Julito: If you put up an Italian flag, if you put a French flag, if you put a Puerto Rican flag, if you put an Irish flag, if you put a British flag, if you put a Canadian flag, are you against America?
(Capps does not respond. Hvidston interjects.)
Hvidston (interjects): No, following U.S. flag protocol and display your flag respectfully and look up the codes and follow protocol, that’s all we are asking.
Julito: Is it against the law to put up a foreign flag in the United States?
Hvidston: There is not a law but there is code and there is protocol.
Julito: Robin, you just answered my question. There’s no law.
Before this exchange, Julito and his guests discussed why Capps uploaded the video in the first place; why she won’t delete it; why she hasn’t published a video of her apologizing to the family whose house she filmed (the Bañuelos family); why is it okay to film someone on their own private property; how Coldwell Bankers got involbed; why, in Hvidston’s opinion, there are problems of “assimilation” and “division” in this country; the threats Capps has received; and whether Capps would have gotten out her car to film an Irish or Puerto Rican flag on display.
For example, if Capps were in Boston last year, would she have asked the owners of 50 Rowes Wharf to take this flag down? Would she have filmed that? Capps’ answer would suggest that she would not.
— Only In Boston (@OnlyInBOS) September 26, 2014
Here is the entire interview of what Capps and Hvidston said.
As you listen to the interview, a few things you need to know:
(a) A person is liable for physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise committed a trespass in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person.
(b) A person is liable for constructive invasion of privacy when the defendant attempts to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, regardless of whether there is a physical trespass, if this image, sound recording, or other physical impression could not have been achieved without a trespass unless the visual or auditory enhancing device was used.
What about know about “flag protocol?”
Are there penalties for violating the Flag Code?
No. For private citizens, the Flag Code serves as a guide to be followed on a purely voluntary basis to insure proper respect for the flag. The Supreme Court has ruled that politically motivated violations of the Flag Code are protected by the First Amendment.
The Flag Code has no provision for enforcement. No fines, no penalties. There is nothing law enforcement can do when the Flag Code is broken.
As for the Bañuelos family, this is what Fox News Latino posted last Friday:
The homeowner with the Mexican flag on her lawn, María Bañuelos, told a local Spanish-language news network that she didn’t think that the flag, which she says she has flown for 13 years, was bothering anyone. Her husband, Siefrado, told Fox News that while Capps has since apologized, the family does not believe she is being sincere.
“We don’t feel like she’s saying it from the heart. She’s just saying it from the mouth,” he said.