dpA federal appeals court for a second time said it would not quickly intervene to reverse a judge’s order that removed President Donald Trump’s name from the Kennedy Center.
The new order from the DC US Circuit Court of Appeals rejected Trump’s arguments that taking his name off the building would dampen fundraising efforts for the performing arts institution.
The defendants in the case “failed to support this assertion with any specific facts or evidence,” the circuit court said. “They offer only the conclusory assertions of the Kennedy Center’s Executive Director that were made in a factually unsupported declaration.”
Trump had also argued that the Kennedy Center’s bylaws would require it to return contributions that it had brought in unless his name was put back on its facade. The appeals court noted the defendants never made that claim when the case was before the district court. The lawsuit was brought by Ohio Rep. Joyce Beatty, a Democrat and an ex-officio trustee.
Circuit Judges Patricia Millet and Robert Wilkins — both appointees of former President Barack Obama — were on the panel considering the emergency appeal as well as Circuit Judge Gregory Katsas, a Trump appointee known for being aligned with some of the conservative justices on the US Supreme Court. There were no dissents from the new order.
Hours before Trump’s name was removed from the building’s exterior last month, workers constructed scaffolding with tarp obstructing the facade.
Kennedy Center Executive Director Matt Floca affirmed in a declaration that the letters bearing Trump’s name were removed; however, the tarp remains in place weeks later. CNN has obtained images from behind the tarp confirming Floca’s declaration.
“Today’s ruling again affirms that this administration’s efforts to rename the Kennedy Center were unlawful,” Beatty said Wednesday. “His name no longer desecrates this sacred memorial, which belongs to the American people. Now it is time for the Trump administration to accept this, comply with the law, and take the tarps down.”
US District Judge Casey Cooper has demanded that the institution provide an explanation for the tarp and scaffolding that has covered the building’s exterior signage in the coming weeks.
Trump’s name was taken down from the Kennedy Center building after the same panel of appellate judges declined his request for an immediate, “administrative” order to pause its removal ahead of the deadline set by Cooper.
Cooper’s May 29 ruling said that Trump’s name had to be removed both from the physical building and from its website. It also blocked plans to close the center for renovations. A longer-term appeal of that ruling will continue.
A source familiar with the matter told CNN that plans to bolster programming are “coming together” and will be discussed at the next board meeting, expected as soon as next week.
The center has added some additional new music programming at the Millennium Stage throughout the month of July.
This story has been updated with additional reaction.
