Editor’s note: The following is a letter submitted to The Merced FOCUS by Shane Smith, who represents District 4 on the Merced City Council.
The letter comes as the council is expected to examine its code of conduct and ethics at its Nov. 17 meeting, at the request of Councilmember Mike Harris. At the council’s last meeting, Harris expressed outrage about a meme shared by Councilmember Fue Xiong on social media.
The meme Xiong shared dealt with the council’s earlier decision not to fly any commemorative flags in Bob Hart Square. In the meme, Xiong draws comparisons between that decision – and the council’s prior support of flying the Christian flag – to allegedly supporting the KKK.
The recent controversy that erupted over the meme was covered by Merced Sun-Star reporter Caleb Sprous.
Letter from Councilmember Shane Smith:
My colleague’s defamatory statement that the “Merced City Council ‘supports the KKK’” (Merced Sun-Star Nov. 7, 2025) shows a lack of judgment and should be rejected by the community. It is also demonstrably false.
Historically, the Merced City Council ran a public reservation system for the display of commemorative flags at Bob Hart Square. That gave Council no chance to deny requests from hate groups without violating the First Amendment. I carried and passed a resolution to change Council policy so that we have discretion to choose which flags are (or are not) flown. That change abides our country’s First Amendment values. It also pulled the City back from threats of unnecessary litigation.
Ironically, I cited the KKK as an example of a group whose flag Council would been forced to approve under the old reservation system. Such hate has no place in Merced, and is one of the many reasons why prior Councils should not have started down this path in the first place.
Not one group who previously flew a ceremonial flag contacted me to support the revised policy that still permits Council to display their flag on a case-by-case basis. On the other hand, several residents shared their fatigue with purely symbolic politics.
I deferred to their view when voting to take a break from ceremonial flag displays this year. We will see where we are next October 2026 when Council has the opportunity to consider displays in 2027.
Shane Smith
Merced City Council (District 4)