WASHINGTON — The Kennedy Center has told a federal court that it would not attempt to return President Donald Trump's name to the building's facade before at least Sept. 8 as another legal battle over the performing arts venue's future takes shape.
In a status report filed late Tuesday, opponents of the move said members of the Kennedy Center's Trump-aligned board “seem intent” on defying an earlier court order requiring the Republican president's name to be removed from the building. The Kennedy Center said it would not move forward with the plans until after Labor Day “at the earliest” to allow time for legal arguments.
Lawyers for Rep. Joyce Beatty, an Ohio Democrat who is an ex officio member of the board, pressed U.S. District Judge Christopher Cooper for an earlier ruling, arguing there is "every reason to believe that Defendants will attempt to effectuate some or part of this latest unlawful resolution at the earliest opportunity after September 8."
A board meeting this month that was expected to largely focus on options to close the Kennedy Center for renovations instead transformed into another push to attach Trump's name to the building, part of a broader move by the president and his supporters to leave a physical mark on the nation's capital.
The board passed a resolution to name the plaza in front of the building after Trump and add his name to the venue's facade so it would read “The John F. Kennedy Center for the Performing Arts Restored and Renovated By President Donald J. Trump.” In the filing, Beatty said the board also agreed to add an additional reference to the president if the Trump Kennedy Center Fund reached $100 million.
In that event, the facade would read “The John F. Kennedy Center for the Performing Arts Restored and Renovated By President Donald J. Trump Endowed by the Trump Kennedy Center Fund.”
The board also voted to back a two-year closure for renovations, while some of the institution's signature programming, including the Kennedy Center Honors and the Mark Twain Prize for American Humor, would take place at off-site locations. The National Symphony Orchestra announced this week it would split its upcoming season between six venues in and around Washington.
Cooper ruled in May that letters affixed to the building spelling out Trump’s name were added illegally and he ordered their removal, a decision that the administration failed to persuade courts to overturn. Since then, a tarp has covered the area where the letters were once installed, frustrating those who sought to remove the president's name from the building.
Kennedy Center makes no commitment to removing tarp
In the latest filing, the Kennedy Center made no commitment to remove the tarp, saying the covering was in place to facilitate the removal of Trump's name and is part of a broader system needed for “water testing and structural repairs to the roof overhang.”
More broadly, Beatty's lawyers questioned the integrity of the board's vote this month, echoing concerns Cooper raised when he called a March vote to shutter the building “ill-informed and seemingly preordained.”
Heading into the August meeting, the Kennedy Center's management said it would provide the board with three options, including a complete closure or a partial closure that would allow “some continued public access and limited programming in spaces unaffected” by the work. A third option would “consider a highly limited series of phased closures to address only the Center’s most serious infrastructure needs while scheduling and maintaining a full slate of programming.”
In Tuesday's filing, the Kennedy Center said a Delta Consulting Group analyst concluded that a partial closure that would play out over four years “would increase the length and cost of construction and lead to substantial safety concerns.”
The analyst "recommended that the Board proceed with a full closure for two years, which would minimize total cost, minimize the amount of time that programming would be subject to disruptions from construction, and best preserve the Center’s reputation as world-class performing-arts venue,” the Kennedy Center said.
Beatty's lawyers, however, noted that materials were provided to the board just two days before the meeting. They said some documents appeared to have been created before Cooper's May ruling and referred to the Kennedy Center's closure that was initially set to take effect on July 6.
The August vote to close the Kennedy Center, Beatty's lawyers argued, “exhibits the same flaws as the first vote.”
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