B Na@vYEN
San Jose is a City that.embodies progressive values. San Jose has proclaimed its ideals of diversity and equity. Fairness and Justice. Even its dome is made so that light can shine through. And here I stand indebted to its many early builders and guardians.
But we stand today because of an event that goes directly to the heart of those ideals. An event that implicates the very principles on which this City rests.
After standing outside the locked gate of the Garden for over one year looking in and saluting the flags from outside, in the rain and heat.
The Star-Spangled Banner and the Golden Stripes of the former Republic of Vietnam.
First Saturday Mornings of every month.
in April 2021 Ha Trieu found a door. He applied for and was granted access to the Garden.
under the guidance of the Park Services staff he signed an Adopt a Park Agreement. The understanding and the informal agreement was that they would access the Garden for an unspecified amount of time into the future in exchange for voluntary cleaning up and maintenance. That understanding was never challenged. It was never refuted. Instead, both sides went along with that understanding for years.
Park Services Staff came early to the ceremony to drop off the tools and came back after the maintenance to pick up the garbage
During the weeks, Ha Trieu drove to the Garden and made inspection. There were break ins. Sometimes the locks was cut. Sometimes the flags were stolen. Sometimes portable toilets were vandalized. Once the gate and the fences were painted with graffiti. He made repairs what he could. The more serious problems he reported to the Park Services.
In fact, the majority of the email exchange are about making repairs and maintaining the Garden.
Why would a 75-year old retiree have gone through all the troubles? why stand saluting to the flags on the clock rain or shine?
Ha Trieu had spent six years in Communist concentration camp because he was a veteran of the Republic of Vietnam. Outside the camp, he lived under the oppressive communist regime. But he fought his way to this country because of its ideals. He put in a 30 year engineering career with Intel Corporation before retiring.
Like him, many people in this organization and many more who came to the Garden month after month to salute the flags were victims of an oppressive regime.
Many come to express the love, gratitude and respect to this country and to remember the country they once lived in and fought for.
With Trieu Ha and the United Vietnamese American Community, the sacred tradition of flag raising was cemented into an institution. Many former and current city leaders have come to salute the flags, too. Many leaders from the surrounding cities and from Sacramento have come, too. Look at all the photos. ,
All that came to an end. Ha Trieu and the organization were locked out of the gate. A curtain of darkness has descended.
On August 26, District 7 office announced that it would reserve the First Saturday Mornings for itself and it would decide who could access the Garden in that time slot.
Applications for other time slots would go directly to the Park Services.
Under the guise of fairness, equity and openness.
The pretext was that others need to access the Garden at the same time slot.
Here is the irony
But on August 30, Special Use Supervisor Marcos Fernandez verbally confirmed with Ha Trieu that no application had come to the Park Services in the last several years, except of course the Ha Trieu original applications.
Even District 7 chief of staff at its own August 22 meeting when asked could not produce a name of anyone who had applied for that time slot. Those he had invited did not speak up, either.
But why did they offer a solution where there was no problem in the first place? why shouldn’t all applications go to the Park Services. Why did it decide to keep all first Saturdays Mornings for itself to decide?
Where is the openness in that sole control? why assert access and then limit access for itself to decide?
Openness was disposed off in the name of openness. Access was limited to one political person in the name of access?
A people were trampled in the name of access.
Ha Trieu did not go to the Aug 22 meeting because he firmly believed he had a binding agreement. Anyway, District 7 never had any legal authority to exercise control over the issuance of permit to the Saturday time slot
A curtain of darkness had descended upon this Garden. In the first Garden, those who taste the righteous fruits betray the Planter of the Tree. Thereqsa-paratietnerc.
The organization had opened its arms to every councilmember A betrayal of the people who put their faith and trust in the system.
After all, they managed to escape to this Country against great odds.
Nevertheless, we stand before you today with renewing faith and trust.
We ask the Park Services and the City Manager to do the right thing: restore the aggrieved parties to their previous position.
The aggrieved parties only ask for Fairness and Equity. Equity in the lower case for their
3.5 year labor of love. Equity in the Capital case is our enshrined principle.
All of you in the City Council are the Guardian of this City's ideals. All of you are the preserver of the Conscience of this City.
A curtain of darkness has descended upon the Garden. Only You could lift it up and let light shine through. Fairness and Equity.
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