War of words escalates between community leader and San Jose councilmember’s office

For the past three years, flag-raising ceremonies at San Jose’s Viet Heritage Garden have become a regular fixture on the first Saturday of every month — a symbol for residents to pay homage to their past and present homelands.

But a conflict between Ha Trieu, the leader of the United Vietnamese American Community of Northern California (UVACNC), and San Jose Councilmember Bien Doan’s office has devolved into a bitter war of words — including accusations of abuse of power, propaganda peddling and threats — after the city changed the locks on the garden and policies surrounding flag-raising ceremonies, potentially disrupting the group’s events.

Now, as cooler heads try to de-escalate the situation, the group has petitioned the San Jose Council to play peacemaker and restore what it believes are its “rights” through a public process.

“Since 2021, I have dedicated my entire retirement life for a legacy project, flag raising ceremony at the Viet Heritage Garden that has (a) positive impact on older and younger generations in (the) Vietnamese-American community,” Trieu told The Mercury News. “(The) flag raising ceremony at the garden has become a sacred tradition and institution for all Vietnamese in San Jose and around the world to honor, to celebrate and to express love for America and the former Republic of Vietnam. We are not looking for conflict with the City of San Jose.  We are looking only for (a) peaceful solution.”

Trieu, a Vietnam War veteran who fought for the former Republic of South Vietnam and spent three years in a communist concentration camp, joined with like-minded Bay Area community members when he retired to create a permanent flag-raising tradition.

The group had performed ceremonies throughout the city and county, including at schools and City Hall, but sought a permanent location for the events, which it thought it found when it applied for the city’s Adopt-A-Park program in 2021, received keys to the property and put their time and money into the garden’s upkeep.

It became Trieu’s belief that the group had a binding contract for indefinite access to the garden, including the rights for flag-raising ceremonies on the first Saturday of every month without having to file a permit with the city. In emails provided to The Mercury News, Trieu articulated those beliefs to city staff members when UVACNC adopted the park in 2021 and was never corrected.

UVACNC had held ceremonies without a permit up until this month when they were alerted by Doan’s office that the city would be changing the locks and implementing a reservation system to ensure equitable access to the park for all interested groups. The change would require UVACNC to submit an official reservation request as the garden would no longer be automatically set aside for its flag ceremonies. However, Doan’s office has already reserved the first Saturday of every month to allow other groups beyond UVACNC to hold its own ceremonies.

The loss of its time slot prompted Trieu to issue a news release last week accusing Doan of trying to hijack its event and the city of violating the group’s free speech and due process rights.

Parks spokesperson Amanda Rodriguez denied the existence of a binding contract and said the city changed the locks because the key provided to UVACNC had been copied too many times. She also said the city, not Doan’s office, would be responsible for the reservation system and running the park.

Jonathan Fleming, Doan’s chief of staff, noted that Doan’s office had attempted to engage the group multiple times in August to discuss the changes, only for Trieu to cancel a scheduled meeting.

He also responded to Trieu’s comments and contract claims by calling them “loaded with fiction and nonfactual information” as both sides accused their counterparts of politicizing access.

“Several community members informed the city that Mr. Trieu Ha used this key to manipulate influence and political favor among the Vietnamese-American Community, some stating he claimed ownership of the garden and that he was in charge of approving events,” Fleming said in a statement. “Mr. Trieu Ha even made this claim to (Doan’s) Council District 7 Office Staff. The locks were subsequently changed and only staff from (Parks, Recreation and Neighborhood Services) have the key.”

Fleming also alleged Trieu had threatened another Doan staff member and discouraged other community groups from participating in flag-raising ceremonies not associated with UVACNC, a claim Trieu denied.

“The accusation that I personally called the District 7 and made a direct threat against a staff (member) is demonstrably false, is an insult to my character and honor and takes this public discussion to a new low,” Trieu said.

In a now-deleted post from a council staffer’s Facebook page, an advertisement for Doan’s flag-raising event last weekend included participation by another Vietnamese community group before its logo was later scrubbed.