A federal court has denied a request for an emergency hearing on the abrupt closure of the Kennedy Center after a photo snapped of President Trump aboard Air Force One reviewing a large printout that appears to read, “Kennedy Center DEMO[LISHED],” prompted a flurry of court filings about the beleaguered national arts center’s future.
The escalation of concern included an early morning meeting of eight architectural, preservation and civic organizations calling for the court to appoint a “neutral officer to protect the building and institution.”
In his brief legal order issued early Thursday afternoon, U.S. District Court Judge Christopher Cooper reminded Kennedy Center leaders of their responsibility to “inform Plaintiffs and the Court if there is any change in the Board’s plans that would constitute a reversal of the Center’s position that the building will not be demolished and that no new structure will be constructed.” Cooper also ordered the venue to provide 30 days’ notice before making any major physical changes to the building — including any plans for demolition — and set a date of Sept. 23 for the center to “file a detailed status report, supported by a sworn declaration from a knowledgeable representative of the Kennedy Center, on the ‘temporary closure’ and emergency repairs described” in the center’s Thursday answer to a request for an emergency hearing.
The Wednesday night photo of Trump was taken a day after the center abruptly shut down and placed barricades outside despite an existing preliminary injunction against its closure. That action was taken by the center in the wake of what it alleged was a public safety emergency, but dovetailed with a renewed order by Cooper that Trump’s name may not be restored to the building’s facade. Trump then threatened to halt a planned $257-million renovation if his efforts were not formally honored with his name on the building.
Trump told reporters that night, “I think that the Trump administration should certainly have recognition. Because frankly, if we don’t do that, it’s going to close. It will end up being ripped down.”
Those remarks, coupled with the subsequent Air Force One photo, prompted alarm from critics of Trump’s Kennedy Center takeover that he could move to tear down the building. Such a move would not be without precedent — almost a year ago Trump ordered the demolition of the White House’s East Wing, which took place quickly and was over before preservation groups had a chance to fight it.
“The irrevocable loss of this iconic building — whether by intent, neglect or mismanagement — appears increasingly possible. The court has invited our coalition of eight nationally recognized architectural and preservation organizations to raise additional requests for relief if new facts appear to warrant judicial intervention. We are on the verge of such a moment,” wrote the eight plaintiff organizations represented in a March lawsuit filed by DC Preservation League in a statement.
“This is a significant win for the public because it provides stronger and clearer protection against the Administration sending in demo equipment and then trying to excuse it later before the court,” said Greg Werkheiser, whose law firm, Cultural Heritage Partners, is one of three firms representing the organizations.
Additional organizations include the American Institute of Architects, American Society of Landscape Architects, Committee of 100 on the Federal City, Docomomo US, National Trust for Historic Preservation, Society of Architectural Historians and the Cultural Landscape Foundation.
Kennedy Center officials filed a sworn declaration by Executive Director Matt Floca on Thursday that stated the current closure was temporary, and meant to last only seven days. Floca said it was due to “acute risks to public safety resulting from continued structural deterioration.”
