Judge says Kennedy Center board broke law putting Trump's name on building, blocks closure
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2:26 PM on Friday, May 29
By MICHAEL KUNZELMAN and STEVEN SLOAN
WASHINGTON (AP) — A federal judge ruled Friday that President Donald Trump's name was illegally added to the Kennedy Center and blocked the administration from closing the cultural and arts venue for major renovations — the latest legal setback for Trump's efforts to leave his personal mark on the landscape of the nation's capital.
U.S. District Judge Christopher Cooper in Washington, D.C., ruled that the Kennedy Center board’s March 16 vote to close the facility was “ill-informed and seemingly preordained” with no regard for its legal obligations. The administration had announced the work would begin in July and last approximately two years, but Cooper's ruling halts those plans for now.
“The trustees might have assessed the propriety of closure in a number of prudent ways. This was not one,” he wrote.
Cooper also concluded that the board “overstepped its statutory bounds” by unilaterally adding Trump’s name to the center. Congress gave the Kennedy Center its name, and only Congress can change it, he said.
The judge, who was nominated to the bench by Democratic President Barack Obama, ordered the defendants to remove Trump's name from the institution's façade and any “official materials,” such as digital or physical signs, within two weeks.
"May the John F. Kennedy Center for the Performing Arts be renamed absent Congressional authorization? The answer, plain from the face of the statute, is no. Nor can any other individual be memorialized on the front portico of the building," Cooper wrote.
The White House had no immediate comment.
Trump has made it a priority of his second term to leave his personal stamp on some of the most historic spots in Washington. He demolished the East Wing of the White House to build a ballroom. His name or image have been added to government buildings, including the U.S. Institute of Peace and Justice Department headquarters. He is pushing for a triumphal arch overlooking the Potomac River.
Opponents have challenged other Trump construction projects in court — and won favorable rulings. But the district court judges likely won't have the final say as the administration pursues appeals.
Roma Daravi, the Kennedy Center’s vice president of public relations, said Friday the institution is “confident that on appeal the court will uphold the Board’s will to recognize President Trump’s historic contributions to our nation’s cultural center.” She said the decision would be reviewed “carefully.”
“Though the reality remains — the Center requires an urgent and significant restoration – a truth that even the plaintiff acknowledges,” Daravi said. “With $257 million secured by President Trump and approved by Congress, the resources are in place and we remain committed to pursuing every lawful avenue to ensure the Trump Kennedy Center is restored as a national cultural landmark for all Americans to enjoy.”
Cooper held hearings in late April for parallel lawsuits challenging the project. One was filed by a group of cultural and historic preservation organizations. The other was brought Rep. Joyce Beatty, an Ohio Democrat who serves as an ex officio member of the Kennedy Center’s board. He ruled in favor of Beatty’s request but rejected the other challenge.
Justice Department attorneys said renovation plans for the building are limited in scope and well within the board’s authority to make without needing outside approvals.
The plaintiffs worry the president and his board allies will flout preservation rules designed to maintain the building’s historic fabric. In earlier statements in court hearings, attorneys for the Beatty and the preservation groups raised doubts about the limited scope of the project, pointing to Trump’s statements that he would “fully expose” the building’s steel skeleton.
Beatty has said she was “very fearful that we’ll see what happened with the East Wing and what happened with the Rose Garden” if the center is closed and the renovations allowed unsupervised, referring to major changes the president has made at the White House.
Mike Floca, the Kennedy Center’s executive director and chief operating officer, spent several weeks during the spring walking a bipartisan group of lawmakers and their staffs, along with journalists and Washington city officials, through the expansive building that sprawls across 1.5 million square feet.
The tours were intended to show that the Kennedy Center, which began construction in 1965, was in genuine need of an overhaul. The walkthroughs showed severe water damage, apparent in some places through discoloration and pooling. Some pieces of equipment, including several 800-ton chillers that help cool the building, are decades old and in need of replacement.
Floca told reporters in April that he considered doing the repairs individually but insisted it was his recommendation to Trump to close the building and move forward with the renovation all at once.
Trump, a Republican, has taken a keen interest in the Kennedy Center’s operations since he returned to White House last year. He installed a handpicked board that named him chairman. His name was added to the façade of a building that is considered a living monument to Kennedy.
The Kennedy Center has kept up performances ahead of the closure, though at a much slower pace than in previous years. Trump attended the premiere of the musical “Chicago” in March and other shows, including “Moulin Rouge” are slated for June.
Bill Maher, the comedian who has had an up and down relationship with Trump, is expected to be awarded the Mark Twain Prize for American Humor on June 28, an event that was anticipated to be one of the final big moments at the Kennedy Center before the closure.
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Associated Press writers Alanna Durkin Richer and Darlene Superville contributed to this report.