WASHINGTON — A federal judge on Wednesday ordered the release of records that Kennedy Center officials relied on when they voted to close the performing arts complex for renovations, rejecting the Trump administration’s effort to keep a detailed construction plan entirely out of public view.
U.S. District Judge Christopher R. Cooper ordered a presentation prepared by Delta Construction Group unsealed in full and ruled that a separate 163-page plan prepared by real estate firm JLL also should be made public, although the administration will have an opportunity to propose narrowly tailored redactions for information it says could create security risks.
The records were among the materials considered by the Kennedy Center Board of Trustees at an Aug. 13 meeting as it weighed closing the center’s main building for renovations. They have since become part of the continuing federal court fight over the future of the publicly supported arts institution.
Rep. Joyce Beatty, an Ohio Democrat and ex officio member of the Kennedy Center board, asked the court to unseal both documents. The government did not oppose releasing the Delta presentation but argued that the JLL plan contained sensitive information about the building, including structural schematics, floor plans, entrances and exits, utility infrastructure and restricted areas.
Cooper agreed that legitimate security interests could justify withholding limited portions of the JLL document but concluded that the government had not overcome the strong presumption that judicial records should be accessible to the public.
The judge noted that the JLL plan was created for and used by the board of a public trust as it considered how to spend public money renovating a public building. He also pointed to previous news reports about the plan and to other Kennedy Center documents already on the public docket that contain detailed photographs and building schematics.
The government itself has relied extensively on the JLL plan in seeking partial summary judgment and asking Cooper to dissolve an earlier preliminary injunction, another factor the judge said weighed heavily in favor of disclosure.
“The vast majority of the JLL Plan appears to contain information that is non-sensitive or already publicly available,” Cooper wrote.
The ruling is the latest turn in Beatty’s lawsuit challenging actions by President Donald Trump and the Kennedy Center board. In May, Cooper ruled that Congress had named the institution for President John F. Kennedy and that the board could not officially rename it for Trump without congressional action. He also blocked implementation of an earlier decision to close the center while the litigation continued. In September, Cooper again barred the board from installing new memorials honoring Trump without congressional authorization.
The board nevertheless voted in August to close the main building for two years for renovations, relying in part on the JLL and Delta materials now at issue.
Under Wednesday’s order, the Delta presentation is to be unsealed in full. The administration has until Oct. 14 to submit proposed redactions to the JLL plan, along with specific written justifications for each one. Beatty may respond by Oct. 19, after which Cooper will decide what portions, if any, may remain concealed.