A federal judge has ordered Kennedy Center officials to give 30 days’ notice before making major physical changes to the building, including demolition, after the national performing arts center abruptly closed and workers surrounded it with fencing.
US District Judge Christopher Cooper issued the order Sept. 17 amid an escalating dispute over the future of the John F. Kennedy Center for the Performing Arts. The ruling does not require the building to reopen immediately. It does, however, make clear that officials cannot begin demolition without warning the court and Rep. Joyce Beatty (D-Ohio), an ex-officio Kennedy Center trustee who sued President Donald Trump and other officials over control and renaming of the institution.
The Kennedy Center said the immediate shutdown is an emergency measure lasting at least seven days while officials assess areas of the main building showing severe structural deterioration. Executive Director Matt Floca cited an inspection of the roof terrace canopy and a partial ceiling collapse earlier this month, according to the Associated Press. Officials said that safety closure is separate from the board’s Sept. 15 vote to close the center for repairs, potentially for as long as two years.
A declaration filed in Beatty’s case offers a minute-by-minute account of how the public closure unfolded Sept. 16. Bridget Kennedy-Bailey, a staff member for Beatty’s attorneys, said she arrived at about 10:12 a.m., shortly after the building’s advertised opening time. The automatic entrance did not open. A security guard admitted her briefly and said, “No, we’re closed.”
Kennedy-Bailey also said she saw a forklift carrying more permanent-looking fencing strike building pillars several times. The declaration records her observations; it does not independently establish the condition of the structure or the purpose of the larger closure.
Security personnel told her the gates were needed for public safety because work was underway inside. A public relations employee said staff could not enter without hard hats, but told her he did not know when the center would reopen. A Kennedy Center security operations specialist later said that the center would remain closed for the day, that the direction came from “higher-ups” and that he had been instructed to keep the doors locked. When Kennedy-Bailey returned about an hour later, black metal gates had been installed across the front and around the north and south sides, blocking stairways and the main walkway. She reported seeing forklifts deliver additional fencing and traffic cones placed in the former vehicle drop-off area.
The sudden fencing sharpened concerns raised by Beatty after the Trump-chaired board voted to close the center. Trump said Sept. 16 that the building could end up being “ripped down” if his administration did not receive recognition for restoring it. Earlier this week, Cooper rejected another effort to place Trump’s name on the building, ruling that such a change requires congressional approval. Congress has appropriated $257 million for repairs.
Cooper denied Beatty’s request for an emergency hearing, but added the 30-day notice requirement to avoid doubt about what officials may do while the case proceeds. The court has also required further information about the need for the closure. Kennedy Center officials have said the temporary safety assessment may be extended.
