Court Denies Preliminary Relief to Arts Organizations
Though court agreed that NEA funding bar for projects that promote “gender ideology” would likely violate the First Amendment, court refused to expressly block the NEA from reimposing that bar
The U.S. District Court in Rhode Island today denied a motion for preliminary injunctive relief by arts organizations applying for National Endowment for the Arts (NEA) funding. The court held that the NEA’s decision
on Feb. 6 to make any project that “promotes” what the government deems to be “gender ideology” ineligible for funds likely violated the First Amendment and exceeded its statutory authority. It nevertheless concluded that, because the NEA is currently in the process of determining whether to reimpose that ban, the court could not get in the way of the agency’s decisionmaking process.
“We shouldn’t need to negotiate for the right to support and uplift all artists — including transgender and nonbinary artists,” said Marta V. Martinez, executive director of Rhode Island Latino Arts. “This order fails to bring us the clarity we need to apply for funds for projects that allow Latinx artists, especially those who are queer, trans, or nonbinary, to show up as their whole selves without fear of erasure of censorship. Artistic freedom and equal dignity are fundamental to a just and vibrant society and despite today’s ruling, we will continue to create space for artists to tell their truths, challenge norms, and build bridges through their work.”
The court reminded applicants that they “now ... have this Court’s preliminary review of the merits,” and that review suggests any reimposition of the eligibility bar would be unlawful. The NEA will announce how they are planning to implement the executive order on April 30, but applications for funding are due on April 7 and may be subject to as-yet-undecided rules, including the funding bar.
“This opinion makes clear that the NEA cannot lawfully reimpose its viewpoint-based eligibility bar,” said Vera Eidelman, senior staff attorney at the ACLU. “Though it falls short of the relief we were seeking, we are hopeful that artists of all views and backgrounds will remain eligible for the support and recognition they deserve in this funding cycle and beyond.”
Steven Brown, executive director of the ACLU of Rhode Island, added: “The court’s decision will leave our clients in a state of censorial limbo. We are committed to continuing this case, defending the arts, and resisting attempts to stifle speech simply because the current administration does not like or agree with it.”
The ACLU had asked for a preliminary injunction ahead of the grant application deadline. The NEA initially imposed a certification requirement and funding prohibition in response to President Trump’s order prohibiting federal funding of anything that “promotes gender ideology.” While the NEA temporarily rescinded the attestation requirement and funding prohibition after the lawsuit was filed, the agency advised the judge that the NEA was again in the process of evaluating how the executive order would be implemented, and that the evaluation would not be completed until April 30. At that time, the NEA may retroactively apply the funding restriction to projects that have already been submitted.
“This is not the result we hoped for, but we remain hopeful that the NEA will be unable to reimpose their restrictions,” said Rose Oser, producing director of National Queer Theater. “This is just one of the administration’s many attempts to silence trans voices, but we will keep creating work that aligns with our values, and we will keep fighting on every front to defend trans rights and artistic freedom.”
“We remain steadfast in our commitment to the artists and theatres at the heart of this fight,” said Emilya Cachapero, Co-Executive Director of National and Global Programming at TCG. “This moment is about more than a single grant cycle—it’s about the future of artistic freedom in this country. We are disappointed in this decision but will continue to advocate for a theatre ecology where all voices—especially trans and nonbinary voices—are welcomed and celebrated.”
“This is just one of many steps to greater relief and there is liberation in clarity," said Giselle Byrd, executive director of The Theater Offensive. “Time is our greatest ally, and I await the result from the NEA’s decisionmaking process. We must remain vigilant, and if this executive order is reimposed, we will be back in court and fighting against the unlawful attack on the First Amendment. We do not walk away silently against injustice and silence will not protect us.”
The suit argues that the certification requirement and funding prohibition violate the Administrative Procedure Act, the First Amendment, and the Fifth Amendment.
The American Civil Liberties Union, the ACLU of Rhode Island, David Cole, and Lynette Labinger, cooperating counsel for the ACLU-RI, filed the suit in the U.S. District Court for the District of Rhode Island on behalf of Rhode Island Latino Arts; National Queer Theater; The Theater Offensive; and the Theater Communications Group.
The National Endowment for the Arts agreed on Friday to remove a certification requirement that forced artists to attest that they would not “promote gender ideology” when applying for funding while the outcome of the case from the American Civil Liberties Union and the ACLU of Rhode Island is pending.
Artists can now apply for funding without attesting to the new “gender ideology” requirement. Still, the NEA has not agreed to remove its new eligibility criteria, under which any projects that appear to “promote gender ideology” will not receive an award. Applicants who choose to submit Part 1 of the grant application before the NEA changes its Assurance of Compliance or before March 11, whichever is sooner, may still want to make clear that they object to the certification when submitting that piece of their application.
The ACLU is asking for a preliminary injunction on the funding prohibition ahead of the final grant application deadline on March 24. A hearing date is scheduled for March 18.
The ACLU, the ACLU of Rhode Island, David Cole, and Lynette Labinger, cooperating counsel for the ACLU-RI, filed suit Thursday in the U.S. District Court of Rhode Island on behalf of Rhode Island Latino Arts; National Queer Theater; The Theater Offensive; and the Theater Communications Group. The suit argues that the new certification requirement and funding prohibition violate the Administrative Procedure Act, the First Amendment, and the Fifth Amendment.
“Artists and arts organizations should feel free to submit Part 1 of the NEA application on March 11 without having to agree to a certification that could have compromised their values or their vision,” said Vera Eidelman, senior staff attorney at the ACLU. “We will continue to seek urgent relief against the NEA’s unconstitutional bar on projects that express messages the government doesn’t like, but this is a huge step towards initial relief. We won’t stop fighting until these new requirements are struck down for good.”
ACLU of RI cooperating attorney Lynette Labinger added: "While the fight is far from over, our lawsuit has already provided some important relief to the artistic community. Artists and artist organizations can move forward on preparing and presenting proposals for critically needed NEA grants without being forced to subscribe to a principle that may be contrary to their core beliefs and mission."
R.I. Latino Arts Argues in Court that “Gender Ideology” Is Still Unconstitutionally Penalized by National Endowment for the Arts
Group asks court to strike down grant restrictions on various legal grounds.
Days after the ACLU of RI requested a preliminary injunction in a separate federal lawsuit on behalf of domestic violence coalitions challenging new federal grant restrictions, the ACLU filed a motion for summary judgment late Monday on behalf of four arts organizations, arguing that the National Endowment for the Arts (NEA) is violating the First Amendment, Fifth Amendment, and Administrative Procedure Act in its implementation of an executive order that prohibits federal funding for grants that promote “gender ideology.” The suit could be resolved without trial if the ACLU’s motion is granted.
The motion, filed in U.S. District Court in Rhode Island, comes after the NEA admitted that it would judge projects based on whether they “promote” what the government deems to be “gender ideology” and after it reinstated a requirement that grant applicants agree to abide by all other executive orders when applying for a grant.
The suit was first filed in March for Rhode Island Latino Arts and three other arts organizations after the NEA began requiring applicants to attest that they would not promote “gender ideology” to be eligible for funding. It blocked any projects deemed to do so from getting an award. In immediate response to the litigation, the NEA paused the “gender ideology” certification requirement. Shortly thereafter, the court held that the NEA’s decision to make any project that promotes “gender ideology” ineligible for funds likely violated the First Amendment and exceeded its statutory authority, but held off issuing an injunction to give the agency time to decide whether and how it would impose the ban.
More recently, however, the NEA reinstated the requirement that applicants comply with all executive orders and acknowledged that “gender ideology” would be a factor in its grant decision-making.
The American Civil Liberties Union, the ACLU of Rhode Island through cooperating attorney Lynette Labinger, and David Cole filed the motion for summary judgment in the U.S. District Court of Rhode Island on behalf of Rhode Island Latino Arts and three outside arts organizations: National Queer Theater, The Theater Offensive, and the Theatre Communications Group.
The motion can be viewed here. All case documents can be viewed here.
“The NEA has admitted that it is screening art projects for ‘gender ideology,’” said Vera Eidelman, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “This is a clear-cut violation of the First Amendment. By judging projects based on whether they fit the government’s worldview, the NEA is abandoning its statutory role to fund works based on excellence and merit and violating the free expression rights of artists across the country.”
“We know that the NEA is not upholding the protections guaranteed by the First Amendment,” said Steven Brown, the ACLU of Rhode Island executive director. “If Rhode Island Latino Arts’ grant application, and all the plaintiffs’ applications, are denied funding because of ideology, then this would be a major step backward in our collective right to freedom of speech. We are hopeful the court will not accept the NEA’s troubling arguments.”
Any society that prevents many of its people from becoming their best self is doomed to collapse. Trump wants millions ot die from his malignant neglect of public helath , climate, the environment and agriculture. He is tanking the economy, committing treason by encouraging Russia to spy on us and rovide election disinformation, and now he wants to obliterate most of the arts and many of the artists in America.
From an ACLU of Rhode Island press release:
Court Denies Preliminary Relief to Arts Organizations
Though court agreed that NEA funding bar for projects that promote “gender ideology” would likely violate the First Amendment, court refused to expressly block the NEA from reimposing that bar
The U.S. District Court in Rhode Island today denied a motion for preliminary injunctive relief by arts organizations applying for National Endowment for the Arts (NEA) funding. The court held that the NEA’s decision
on Feb. 6 to make any project that “promotes” what the government deems to be “gender ideology” ineligible for funds likely violated the First Amendment and exceeded its statutory authority. It nevertheless concluded that, because the NEA is currently in the process of determining whether to reimpose that ban, the court could not get in the way of the agency’s decisionmaking process.
“We shouldn’t need to negotiate for the right to support and uplift all artists — including transgender and nonbinary artists,” said Marta V. Martinez, executive director of Rhode Island Latino Arts. “This order fails to bring us the clarity we need to apply for funds for projects that allow Latinx artists, especially those who are queer, trans, or nonbinary, to show up as their whole selves without fear of erasure of censorship. Artistic freedom and equal dignity are fundamental to a just and vibrant society and despite today’s ruling, we will continue to create space for artists to tell their truths, challenge norms, and build bridges through their work.”
The court reminded applicants that they “now ... have this Court’s preliminary review of the merits,” and that review suggests any reimposition of the eligibility bar would be unlawful. The NEA will announce how they are planning to implement the executive order on April 30, but applications for funding are due on April 7 and may be subject to as-yet-undecided rules, including the funding bar.
“This opinion makes clear that the NEA cannot lawfully reimpose its viewpoint-based eligibility bar,” said Vera Eidelman, senior staff attorney at the ACLU. “Though it falls short of the relief we were seeking, we are hopeful that artists of all views and backgrounds will remain eligible for the support and recognition they deserve in this funding cycle and beyond.”
Steven Brown, executive director of the ACLU of Rhode Island, added: “The court’s decision will leave our clients in a state of censorial limbo. We are committed to continuing this case, defending the arts, and resisting attempts to stifle speech simply because the current administration does not like or agree with it.”
The ACLU had asked for a preliminary injunction ahead of the grant application deadline. The NEA initially imposed a certification requirement and funding prohibition in response to President Trump’s order prohibiting federal funding of anything that “promotes gender ideology.” While the NEA temporarily rescinded the attestation requirement and funding prohibition after the lawsuit was filed, the agency advised the judge that the NEA was again in the process of evaluating how the executive order would be implemented, and that the evaluation would not be completed until April 30. At that time, the NEA may retroactively apply the funding restriction to projects that have already been submitted.
“This is not the result we hoped for, but we remain hopeful that the NEA will be unable to reimpose their restrictions,” said Rose Oser, producing director of National Queer Theater. “This is just one of the administration’s many attempts to silence trans voices, but we will keep creating work that aligns with our values, and we will keep fighting on every front to defend trans rights and artistic freedom.”
“We remain steadfast in our commitment to the artists and theatres at the heart of this fight,” said Emilya Cachapero, Co-Executive Director of National and Global Programming at TCG. “This moment is about more than a single grant cycle—it’s about the future of artistic freedom in this country. We are disappointed in this decision but will continue to advocate for a theatre ecology where all voices—especially trans and nonbinary voices—are welcomed and celebrated.”
“This is just one of many steps to greater relief and there is liberation in clarity," said Giselle Byrd, executive director of The Theater Offensive. “Time is our greatest ally, and I await the result from the NEA’s decisionmaking process. We must remain vigilant, and if this executive order is reimposed, we will be back in court and fighting against the unlawful attack on the First Amendment. We do not walk away silently against injustice and silence will not protect us.”
The suit argues that the certification requirement and funding prohibition violate the Administrative Procedure Act, the First Amendment, and the Fifth Amendment.
The American Civil Liberties Union, the ACLU of Rhode Island, David Cole, and Lynette Labinger, cooperating counsel for the ACLU-RI, filed the suit in the U.S. District Court for the District of Rhode Island on behalf of Rhode Island Latino Arts; National Queer Theater; The Theater Offensive; and the Theater Communications Group.
More information about the case can be found here: https://www.riaclu.org/en/cases/rhode-island-latino-arts-v-national-endowment-arts
This press release can be viewed here: https://www.riaclu.org/en/news/court-denies-preliminary-relief-arts-organizations
The National Endowment for the Arts agreed on Friday to remove a certification requirement that forced artists to attest that they would not “promote gender ideology” when applying for funding while the outcome of the case from the American Civil Liberties Union and the ACLU of Rhode Island is pending.
Artists can now apply for funding without attesting to the new “gender ideology” requirement. Still, the NEA has not agreed to remove its new eligibility criteria, under which any projects that appear to “promote gender ideology” will not receive an award. Applicants who choose to submit Part 1 of the grant application before the NEA changes its Assurance of Compliance or before March 11, whichever is sooner, may still want to make clear that they object to the certification when submitting that piece of their application.
The ACLU is asking for a preliminary injunction on the funding prohibition ahead of the final grant application deadline on March 24. A hearing date is scheduled for March 18.
The ACLU, the ACLU of Rhode Island, David Cole, and Lynette Labinger, cooperating counsel for the ACLU-RI, filed suit Thursday in the U.S. District Court of Rhode Island on behalf of Rhode Island Latino Arts; National Queer Theater; The Theater Offensive; and the Theater Communications Group. The suit argues that the new certification requirement and funding prohibition violate the Administrative Procedure Act, the First Amendment, and the Fifth Amendment.
“Artists and arts organizations should feel free to submit Part 1 of the NEA application on March 11 without having to agree to a certification that could have compromised their values or their vision,” said Vera Eidelman, senior staff attorney at the ACLU. “We will continue to seek urgent relief against the NEA’s unconstitutional bar on projects that express messages the government doesn’t like, but this is a huge step towards initial relief. We won’t stop fighting until these new requirements are struck down for good.”
ACLU of RI cooperating attorney Lynette Labinger added: "While the fight is far from over, our lawsuit has already provided some important relief to the artistic community. Artists and artist organizations can move forward on preparing and presenting proposals for critically needed NEA grants without being forced to subscribe to a principle that may be contrary to their core beliefs and mission."
Update from the ACLU of RI:
R.I. Latino Arts Argues in Court that “Gender Ideology” Is Still Unconstitutionally Penalized by National Endowment for the Arts
Group asks court to strike down grant restrictions on various legal grounds.
Days after the ACLU of RI requested a preliminary injunction in a separate federal lawsuit on behalf of domestic violence coalitions challenging new federal grant restrictions, the ACLU filed a motion for summary judgment late Monday on behalf of four arts organizations, arguing that the National Endowment for the Arts (NEA) is violating the First Amendment, Fifth Amendment, and Administrative Procedure Act in its implementation of an executive order that prohibits federal funding for grants that promote “gender ideology.” The suit could be resolved without trial if the ACLU’s motion is granted.
The motion, filed in U.S. District Court in Rhode Island, comes after the NEA admitted that it would judge projects based on whether they “promote” what the government deems to be “gender ideology” and after it reinstated a requirement that grant applicants agree to abide by all other executive orders when applying for a grant.
The suit was first filed in March for Rhode Island Latino Arts and three other arts organizations after the NEA began requiring applicants to attest that they would not promote “gender ideology” to be eligible for funding. It blocked any projects deemed to do so from getting an award. In immediate response to the litigation, the NEA paused the “gender ideology” certification requirement. Shortly thereafter, the court held that the NEA’s decision to make any project that promotes “gender ideology” ineligible for funds likely violated the First Amendment and exceeded its statutory authority, but held off issuing an injunction to give the agency time to decide whether and how it would impose the ban.
More recently, however, the NEA reinstated the requirement that applicants comply with all executive orders and acknowledged that “gender ideology” would be a factor in its grant decision-making.
The American Civil Liberties Union, the ACLU of Rhode Island through cooperating attorney Lynette Labinger, and David Cole filed the motion for summary judgment in the U.S. District Court of Rhode Island on behalf of Rhode Island Latino Arts and three outside arts organizations: National Queer Theater, The Theater Offensive, and the Theatre Communications Group.
The motion can be viewed here. All case documents can be viewed here.
“The NEA has admitted that it is screening art projects for ‘gender ideology,’” said Vera Eidelman, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “This is a clear-cut violation of the First Amendment. By judging projects based on whether they fit the government’s worldview, the NEA is abandoning its statutory role to fund works based on excellence and merit and violating the free expression rights of artists across the country.”
“We know that the NEA is not upholding the protections guaranteed by the First Amendment,” said Steven Brown, the ACLU of Rhode Island executive director. “If Rhode Island Latino Arts’ grant application, and all the plaintiffs’ applications, are denied funding because of ideology, then this would be a major step backward in our collective right to freedom of speech. We are hopeful the court will not accept the NEA’s troubling arguments.”
Good story, Steve!!
Any society that prevents many of its people from becoming their best self is doomed to collapse. Trump wants millions ot die from his malignant neglect of public helath , climate, the environment and agriculture. He is tanking the economy, committing treason by encouraging Russia to spy on us and rovide election disinformation, and now he wants to obliterate most of the arts and many of the artists in America.