The Mercury News

Vietnam flag ban debated

Opposition references free speech rights as councilman’s proposal comes to S.J. council

- By Ramona Giwargis rgiwargis@bayareanew­sgroup.com

SAN JOSE — Two factions of the South Bay’s Vietnamese community are gearing up for a political fight Tuesday as the City Council considers banning the display of the Vietnamese communist flag on city-owned flagpoles.

Councilman Tam Nguyen, who led the charge to oppose flying the flag citywide, said the Socialist Republic of Vietnam flag — a red flag with a gold star — represents the communist government that generation­s of San Jose’s Vietnamese residents fled. A council committee earlier this month watered down Nguyen’s original proposal to include city property only, citing concerns about free speech rights.

“We associate that flag with atrocity, oppression and brutality,” Nguyen said Monday. “We ran away from communism so we don’t want to see it. We’d rather not be reminded of all the sadness.”

Nguyen’s plan includes reaffirmin­g the city’s recognitio­n of the “Vietnamese Heritage and Freedom Flag” — a yellow flag with three red horizontal stripes — as the official flag of San Jose’s Vietnamese-American community. San Jose is home to the largest Vietnamese population of any city outside of Vietnam. The ban, if approved Tuesday, would be the first of its kind in the Bay Area.

But a younger generation of Vietnamese residents, led by Oakland tax auditor Chris Le, says banning the Socialist Republic of Vietnam flag — the country’s official flag — violates the rights of new immigrants from Vietnam who believe the flag represents their nation.

“This resolution contradict­s American ideas,” Le said. “Younger Vietnamese residents might have issues with their government, but they don’t hate their national flag. If we attack their national flag, we are going to alienate them and they won’t feel welcome in the city of San Jose.”

Some also questioned whether the city should involve itself in foreign affairs, but Nguyen said San Jose has taken a position on a slew of other issues outside its purview.

Le, who confirmed Monday that he’ll challenge Nguyen’s re-election in 2018, said recent immigrants who identify with the flag also pay taxes and are entitled to fly their flag on publicly owned property. He added that two local political parties oppose the ban — the Democratic Socialist Party and the Libertaria­n Party.

The Libertaria­n Party of Santa Clara County wrote in a Facebook post that government shouldn’t take sides when it comes to the display of symbols on public property.

“The city of San Jose should stay neutral with respect to the display of symbols on the property that it controls, including flagpoles,” the post said, adding that if San Jose does allow flying of flags, then it “should either allow any foreign flag to be displayed, or get out of the business of displaying foreign flags at all.”

Nguyen said Le’s opposition is a political stunt just in time for his run for office.

“He’s trying to make a name for himself on the communist flag,” Nguyen said. “I would dare him to go to Vietnam and put up a Freedom flag and see what happens. Then he will understand what communism means.”

Nguyen’ s proposal, which is backed by new Councilman Sergio Jimenez and the city’s next vice mayor, Magdalena Carrasco, was co-written by former Councilman Manh Nguyen. His successor, Councilman Lan Diep, also voiced support for it.

“City flagpoles are controlled by the city. The city decides which flags to fly or not fly,” said Diep, whose parents fled from communism in Vietnam. “No member of the public can come and freely fly a flag on the poles in front of City Hall. There is no right to do so, and by opposing the flag of communist Vietnam on city property, we would not be infringing on anybody’s rights.”

City spokesman David Vossbrink said there have been no requests to fly the flag of communist Vietnam on city property. The original recognitio­n of the South Vietnamese flag was approved in 2005 under former Mayor Ron Gonzales.

 ?? GEORGE SAKKESTAD/ STAFF ARCHIVES ?? Malou Kmoll holds up the Vietnam flag in a “parade of flags” at a San Jose event. There is a proposal to ban the flying of the flag on city flagpoles.
GEORGE SAKKESTAD/ STAFF ARCHIVES Malou Kmoll holds up the Vietnam flag in a “parade of flags” at a San Jose event. There is a proposal to ban the flying of the flag on city flagpoles.

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