'Active falling hazard': Trump team reveals new Kennedy Center warning

The legal fight centers on Trump's effort to put his name on the Kennedy Center, which a judge blocked
The Trump administration argued that safety concerns justified the Kennedy Center shutdown and disputed that it violated a court order (AP Photo)
The Trump administration argued that safety concerns justified the Kennedy Center shutdown and disputed that it violated a court order (AP Photo)

WASHINGTON, DC: President Donald Trump's legal team cited a new engineering warning in the Kennedy Center court fight, arguing deteriorating exterior panels posed an “active falling hazard” to people inside.

The Justice Department said keeping the building fully open could put the public, employees, and artists at risk, according to the filing.

The warning appeared in a court filing on Thursday, September 17, as the administration fought an emergency hearing sought by Rep Joyce Beatty.

WASHINGTON, DC - JUNE 13: Tarps are hung on scaffolding outside The Kennedy Center on June 13, 2026 in Washington, DC. Friday late night workers removed the President Donald Trump's name from the Kennedy Center. (Photo by Tasos Katopodis/Getty Images)(Photo by Tasos Katopodis/Getty Images)
Tarps are hung on scaffolding outside The Kennedy Center on June 13, 2026, in Washington, DC (Tasos Katopodis/Getty Images)

Kennedy Center lawyers cite deteriorating concrete panels

The administration's lawyers said an assessment by engineering firm Walter P Moore found “more advanced deterioration in the overhead soffit panels than recently documented.”

The filing described the panels as an active falling hazard.

The panels are concrete slabs that ring the building's entire exterior, according to the filing.

The administration said the concern was part of the reason the center was temporarily closed for seven days.

Matt Floca, the Kennedy Center's executive director and chief operating officer, ordered the closure on Wednesday morning because of what the filing described as “acute risks to public safety resulting from continued structural deterioration at the Center.”

“For a long time now, we have seen warnings about the life-safety risks presented by the building's deteriorating infrastructure,” Floca wrote to staff Wednesday afternoon.

CAMP DAVID, MARYLAND - JULY 31:  U.S. President Donald Trump speaks during a Cabinet meeting at the presidential retreat on July 31, 2026 in Camp David, Maryland. Trump convened members of his Cabinet at the presidential retreat as the war with Iran continues.  (Photo by Anna Moneymaker/Getty Images)
President Donald Trump speaks during a Cabinet meeting at the presidential retreat on July 31, 2026, in Camp David, Maryland (Anna Moneymaker/Getty Images)

He also cited a recent incident in which a five-by-four-foot piece of ceiling plaster, about an inch thick, broke loose September 4 after severe storms. 

No one was hurt, Floca wrote, but he said the center could not risk another serious safety incident.

Justice Department defends closure in court

The administration argued the safety concerns justified the shutdown and disputed the idea that the closure violated a court order.

“[T]he only emergency is the risk to the public and the Center's employees and artists if it remained fully open without further safety assessment,” Justice Department lawyers wrote.

They also argued that “No part of the Court's preliminary injunction order forbids a temporary closure like this one.”

The filing came after Beatty, a Democratic representative from Ohio who sits on the center's board, sought an emergency hearing Wednesday.

Her motion called the shutdown “unexplained and unlawful” and argued that the administration could be trying to prevent public access before the court could rule.

“It is possible Defendants intend to undertake immediate steps in order to make public access practically impossible for the foreseeable future,” Beatty's lawyers wrote.

WASHINGTON, DC - JUNE 11: Acting U.S. Attorney General Todd Blanche listens to a reporter's question during a press conference with U.S. Secretary of Homeland Security Markwayne Mullin (L) at the Department of Justice June 11, 2026 in Washingon, DC. The press conference centered on government efforts to locate and secure unaccompanied immigrant children.  (Photo by Win McNamee/Getty Images)
Attorney General Todd Blanche listens to a reporter's question during a press conference with Secretary of Homeland Security Markwayne Mullin at the Department of Justice, June 11, 2026, in Washington, DC (Win McNamee/Getty Images)

Trump's name fight remains before the court

The legal fight centers on Trump's effort to put his name on the Kennedy Center.

The closure came a day after US District Judge Christopher Cooper barred the board from putting Trump's name on the building or its grounds.

Trump then announced the closure on Truth Social, saying the renovation and reconstruction could not begin unless the DC Circuit ruled in favor of the board's approved name.

President Donald Trump arrives on Air Force One, Tuesday, Aug. 4, 2026, at Los Angeles International Airport in Los Angeles. (AP Photo/Mark Schiefelbein)
President Donald Trump arrives on Air Force One, Tuesday, August 4, 2026, at Los Angeles International Airport in Los Angeles (AP Photo/Mark Schiefelbein)

The administration's next court move is also set out in the filing.

Justice Department lawyers said they would ask Cooper to lift his injunction by Friday, while Floca would testify in person if the judge holds a hearing.

The response was filed minutes before a court-imposed deadline Thursday, as the administration sought to defend the closure in the ongoing legal dispute.

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