Lemmon v. Trump
Representing three Vietnam War veterans and an architectural historian, Public Citizen filed suit to block construction of a giant arch in Memorial Circle near the Arlington Memorial Bridge and Arlington National Cemetery. The arch would obstruct the view between Arlington National Cemetery and the Lincoln Memorial, a view carefully designed to symbolize the unification of the country after the Civil War and the strength of a united nation. And because Congress has not authorized construction of a memorial arch on the Circle — a first step required by statute before the government can move forward to construct a memorial on that land — proceeding with construction would be unlawful.
Shortly after filing suit, we filed a motion for a preliminary injunction, asking the court to bar the government from starting construction during the pendency of the litigation. Following a hearing on the motion, the government committed to giving at least fourteen days’ notice before starting construction. In light of that commitment, we withdrew our preliminary injunction motion, albeit without prejudice to refiling if the government indicates that it will begin construction.
The government then moved to dismiss the case. We opposed and filed a motion for summary judgment. The government opposed and filed a cross-motion for summary judgment. All those motions are now awaiting decision by the court.
Meanwhile, on September 3, the Secretary of the Department of the Interior posted that excavation work would begin within two weeks. Therefore, on September 4, we filed a motion for a temporary restraining order to block the construction. The Park Service then filed a notice stating that they were doing only “archaeological excavation” needed to comply with the National Historic Preservation Act and other applicable statutes. The judge promptly entered an order requiring the government to provide the court with 48 hours’ notice before engaging in any other activity on Memorial Circle and stating that any construction or demolition in preparation for construction before the National Park Service issues final authorization construction or without 14 days’ notice would be a violation of the court’s orders.