California Government Code section 8195 applies only to the State of California and not to private individuals. See Cal. Gov’t Code § 8195(a). This conclusion derives from the plain language and the legislative history of the statute. Specifically, “the State of California may not sell or display the Battle Flag of the Confederacy, also referred to as the Stars and Bars, or any similar image, or tangible personal property, inscribed with such an image unless the image appears in a book, digital medium, or state museum that serves an educational or historical purpose.”Section 8195 neither affects the rights of private individuals to carry, display, or sell a Confederate Flag or any similar image either on private or government property nor authorizes the government to restrict the display or sale of a Confederate Flag or any similar images, by private individuals in a government forum.
Plaintiff had “submitted The Attack to the 2016 Big Fresno Fair,” which happened about a month after the lawsuit was filed, “and is was displayed and judged therein.”
Note that I’m on the Center for Individual Rights legal advisory board, though I wasn’t closely involved with this case.