British Columbia

Mexican flag ordered taken down at White Rock restaurant over obscure bylaw

But the city has now reached a compromise with Primo's Mexican Grill to get both flags up. Officials say the incident shows "shortcomings" with the city's old sign bylaw.

City finds compromise with Mexican restaurant; says bylaw has shortcomings

The remaining Mexican flag at Primo's Mexican Grill hangs in the wind alone after a second flag was ordered taken down Monday. (Jon Hernandez/CBC)

A flag flap in White Rock has ended in victory for a Mexican restaurant that ran afoul of an obscure city rule

Jacqueline Villanueva, co-owner of Primo's Mexican Grill, said a city bylaw officer visited the restaurant Monday and told the manager to remove one of two Mexican tricolours hanging outside the business.

It turns out the city's flag bylaw only allows one flag per business.

"We're a Mexican restaurant. So why wouldn't we have some Mexican flags flying?" Villanueva asked. "There's no ulterior motives except for that this is our heritage"

Villanueva said other restaurants in the area have multiple flags flying but hers was the only business ordered to remove a flag.

A White Rock bylaw officer looks on as a staff member of Primo's Mexican Grill removes the restaurant's second flag. (Samantha McQuade)

It now appears the city has changed its mind after staff and owners spoke out.

Red flags at tourist strip

Villanueva said it's been a hard few months for businesses on White Rock's Marine Drive, a hot spot of tourism south of the Fraser River.

Construction has been a long-running headache and in December, the community's famous pier was smashed in a windstorm.

Sending bylaw officers to complain of a flag 'that's not in anybody's way" is a misuse of resources, Villaneuva said.

She said the flags were an effort to increase visibility to the restaurant. To have those efforts stymied is frustrating.

Jacqueline Villanueva stands in front of the patio at Primo's Mexican Grill. (Jon Hernandez/CBC)

Flag of truce

James Nyhus, White Rock's manager of building and bylaw enforcement, said the initial order to remove the flag came from a complaint made to the city.

Nyhaus said the wording of the bylaw is specific when it comes to hanging a plaque, cornerstone or patriotic flag. The wording suggests just one flag can be used.

The bylaw reads, in part, "A sign permit is not required… For a commemorative plaque, cornerstone, or patriotic flag." Nyhus said the word "a" in that sentence means only one is allowed.

"If anything, I feel that the situation with Primo's has brought into stark contrast some of the shortcomings of our sign bylaw," Nyhus said on Tuesday.

"Every city has a sign bylaw and some things are in the bylaws that made sense at the time, but may not necessarily make sense anymore."

Nyhus said staff have been looking at changing the bylaw since late last year.

The Mexican flag ordered taken down sits on a table at the restaurant. (Jon Hernandez/CBC)

On Wednesday, it seemed a compromise had been reached: Primo's will be allowed to keep its second flag up as part of its sign, which now also includes two flags.

"We want to support our businesses," Carl Johannsen, the city's director of planning, said. "We want to make sure they're thriving and we're supporting that unique vibe we have on our waterfront."

Primo's general manager Samantha McQuade said the workaround will do for now but the real issue is fixing the bylaws and having them apply equally to all businesses.

With files from Jon Hernandez and Emily Vance