Kennedy Center Must Allow Ex Officio Board Member To Voice Her Dissent In Meeting On Trump’s Plans For Closure And Renovation, Judge Rules

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Art & Entertainment

The Kennedy Center must provide one of its ex officio board members information on Donald Trump‘s plans to close and renovate the arts institution, and to allow her to voice her opinion at the body’s upcoming meeting next week.

U.S. District Judge Christopher Cooper, in a ruling issued on Saturday, nevertheless declined to immediately rule that Rep. Joyce Beatty (D-OH) had the right to vote at the meeting, which is scheduled for Monday at the White House.

Beatty filed suit in December seeking to remove Trump’s name from the center. In the litigation, her legal team wrote that even though she was among the congressionally appointed ex officio board members, she was muted at a board meeting where the presidentially appointed members, dominated by the president’s allies, approved the name change.

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After a number of artists have canceled planned shows at the center due to the new name, Trump, who serves as the Kennedy Center chairman, announced plans for its closure in July. He said that it was due to the need to speed up a massive renovation projects.

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Beatty then sought further court action to prevent the closure, as well as emergency relief to allow her to be part of the upcoming board meeting deliberations on the renovation project.

In granting a temporary restraining order, the judge ordered the Kennedy Center to provide Beatty with info on the renovation project’s construction plans, budget and experts and advisers who were consulted. The judge also ordered that the center provide Beatty with artist and performance contracts affected by the closure.

The judge also wrote that at the meeting, although Beatty “may be unlikely to convince a majority of her colleagues to agree, she still has the right to voice her dissent and at least try to persuade other colleagues of her position.”

The judge wrote that “the Board’s rules and Chair’s discretion may not be wielded to entirely prevent her or other dissenting colleagues from contributing to the conversation in some meaningful form. After all,
it doesn’t take a parliamentarian to recognize that inviting discussion on motions prior to a vote
is a ubiquitous occurrence at all board meetings.”

That said, Cooper wrote that the statute was less clear on whether Beatty should be allowed to vote at the meeting.

Beatty’s legal team cited her claim that she had voted previously, and that a past president of the center affirmed that ex officio members had those rights. The Kennedy Center, though, cited a change in its bylaws last year that restricted voting rights of the ex officio members, which include members of Congress from both parties.

“While her statutory arguments are persuasive, the question whether the statute provides a right to vote is not clearcut, and the irreparable harm and balance of the equities persuade the Court to stay its hand, for now,” Cooper wrote.

 

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