The city of Walnut has a new ordinance on the books that prohibits the wearing of a U.S. military uniform or insignia by those not authorized to do so.

The City Council Wednesday night voted 3-2 to approve the ordinance.  Councilmen Joaquin Lim and Antonio “Tony” Cartagena voted against the measure.  The council initially deadlocked in a 2-2 vote, with Councilman Tom King and Mayor Pro Tem Mary Su voting for the ordinance and Mayor Nancy Tragarz abstaining.

However, the measure passed on a second vote after the council agreed to reduce it to an infraction from a misdemeanor at the mayor’s suggestion. An infraction would result in a warning for the first offense followed by a fine on a subsequent violation, according to the city.

Cartagena said he did not vote in favor of the ordinance because he prefers that violators be cited based on the existing federal law that the city’s ordinance is mimicking. 

Lim, a veteran, said he didn’t see the need for a local ordinance with similar state and federal laws in place.

“Why do we as a city have to pass an additional ordinance when there’s no value added,” he said, adding that he could not find another city with a similar law.

King, also a veteran, proposed the ordinance in response to reading stories about fake military groups and seeing some members of these civilian organizations at events wearing medals he was sure they did not earn.

He said when he sees someone wearing a military uniform and medals they are not authorized to don, he gets a sick feeling.

“I am very, very concerned that people are joining these organizations and walking around in uniforms they didn’t earn,” he said.  “I’m not trying to play federal ruler.  This ordinance just says we’re going to follow the federal law.”

The ordinance was approved on a first reading in December, but when it returned for a second and final reading earlier this month, members of a group called the United States Volunteers-Joint Services Command objected to the measure. The group, which dons military uniforms when conducting funerals of service members, asked that it be postponed until they could meet with council members and share their concerns.

Several members from the group spoke against the measure Wednesday night, expressing fears that their members might be penalized under the law while doing their volunteer service.

“This organization buries them, gives them military honors,” Allen Bauman said of group’s funerals for veterans.  “Nobody else does that.  Don’t shoot the messenger.”

Julian de Mediana, a Walnut resident and Vietnam veteran, said he felt the law would keep veterans from wearing their uniforms.

“You’re going to stymie the proud veterans who like to wear their uniforms,” he said.  “There are so many veterans in this community who are so proud, especially those coming from Iraq and Afghanistan.”

City Attorney Michael Montgomery, also a veteran, said that civilian groups designated by the U.S. Secretary of Defense would not be affected by the ordinance.  The city ordinance mirrors the federal code, which clearly lists who can wear military uniforms, he said.  The city code gives the Sheriff’s Department something to enforce on the local level, he said.

“It in no way infringes on anyone’s rights,” he said.  “If you can legally wear the uniform, then go ahead and wear it.  If you can’t legally wear the uniform, then don’t wear it in Walnut.”