State lawmakers raise access concern over San Jose Vietnamese garden

State lawmakers are calling out San Jose officials for changing the locks and community event access to a Vietnamese cultural garden that’s opened a political rift in Little Saigon.

A Tuesday letter from San Jose’s elected representatives in Sacramento questions who’s really in control of the city’s parks. It comes after District 7 Councilmember Bien Doan’s office in August announced he would be taking more control over who can host a monthly flag raising ceremony at the Vietnamese Heritage Garden on the first Saturday of every month — the same date that a political rival of Doan’s typically holds the popular event, which the assemblymembers frequently attend.

“It is highly unusual and very concerning that only one elected official would have full control of a public space and the permitting process to control the public’s ability to exercise their free speech rights and ability to gather in a public space,” the joint letter from Assemblymembers Ash Kalra, Evan Low, Alex Lee, Marc Berman and Gail Pellerin reads.

Ha Trieu, a public critic of Doan, held a key to the garden since 2021 and for years ran the ceremony every first Saturday through his group, the United Vietnamese American Community of Northern California. It’s become a premier event for the who’s-who of San Jose’s Vietnamese community – and a publicity tool for local lawmakers. San Jose has the largest Vietnamese population of any city outside Vietnam.

Doan, who’s district includes the heritage garden, said last month his office would reserve the garden on that date to give others a chance to run the event. This happened after Doan became the center of political divide over anticommunism earlier this summer — a divide that’s played out during the flag raisings, which have become an emotional symbol for Vietnam War refugees. Arguments at those events — and Trieu’s rocky relationship with Doan — played a key role in a June restraining order trial where Doan unsuccessfully sought protection from another outspoken critic of his, a bail bondsman named Hai Huynh.

Doan said lawmakers should reassess their priorities.

“With all the major problems our state is dealing with, including increasing crime, homelessness, cost of living, energy concerns and substantial budgetary shortfalls, I am surprised to see your attention focused on a city process which addresses historical inequities and promotes the free use of this park to all members of our community,” Doan told San José Spotlight.

In an emailed response to Kalra’s office, obtained by San José Spotlight, city Parks Director Jon Cicirelli said the state lawmakers are “misinformed.”

“The Council office referenced in your letter is coordinating flag raising activities during an event date/time/location that they reserved through the City (for 3 hours, once a month), just as any other person may do. Their coordination of the activities during their event is not the equivalent of operating a reservation system on behalf of the City,” Cicirelli said.

Cicirelli said city employees have always controlled, and continue to control, the reservation of park space and that the garden is a locked facility with permit access only. Officials previously told San José Spotlight that no member of the public should have a key to the garden and that Trieu was not following the proper permit process for his flag raising events. 

Doan isn’t the only councilmember with Vietnamese constituents. Councilmember Peter Ortiz, whose East San Jose district also captures a slice of the community, has voiced concern about Doan’s changes to events at the garden. 

Ortiz said he welcomes the input of San Jose’s assemblymembers. 

“I am grateful for the assemblymembers’ support in championing the rights of all San Jose residents to utilize city amenities and for expressing concerns about the politicization of the Viet Heritage Garden,” Ortiz told San José Spotlight. “It’s important that the entire Vietnamese community is fairly represented at the garden, rather than just those favored by specific elected officials. I remain committed to collaborating with the city administration to establish an inclusive process that ensures all members of the Vietnamese community can access and appreciate this monument to their history and culture.”

Contact Brandon Pho at [email protected] or @brandonphooo on X, formerly known as Twitter.