Trump administration can replace Washington slavery exhibit in Philadelphia, appeals court says

PHILADELPHIA (AP) — The Trump administration can replace a slavery exhibit at George Washington’s home in Philadelphia, a federal appeals court panel said Thursday, striking down a lower court’s injunction that required the National Park Service to reinstall the interpretive panels.

The unanimous ruling by the three-judge panel of the 3rd U.S. Circuit Court of Appeals said a lower court judge wrongly interpreted Philadelphia’s contract claims involving Independence National Historical Park, saying the city merely having standing to sue did not mean its arguments had merit. The panel also praised the plans for the replacement installation, writing that they were, “full of historical context,” despite objections from historians and city officials that the content appears whitewashed.

The ruling comes a week after a Massachusetts federal judge ordered the Trump administration to restore sites changed under an executive order calling for the nation’s museums, parks and landmarks to not display elements that “inappropriately disparage Americans past or living.” The federal government has asked for a stay on that ruling while it appeals.

It was unclear how the Massachusetts ruling would affect the restoration or replacement of the panels at the President’s House Site. About half the large panels at the outdoor exhibit had been restored before a February pause in the work.

Phone and email messages left for attorneys representing the city were not returned early Thursday. Messages to spokespeople for the Department of Interior and the National Park Service also were not returned.

The city of Philadelphia sued in January after the National Park Service, in response to President Donald Trump’s executive order, removed the explanatory panels from the President’s House Site, where George and Martha Washington lived with nine of their slaves in the 1790s, when Philadelphia was briefly the nation’s capital.

The city had worked in tandem with the federal government, historians and private partners to create the exhibit in the early 2000s — as part of a longstanding cooperation agreement over the downtown historical park — and contributed $1.5 million toward its creation.

The city argued that federal government must consult with the city before making changes to the President’s House Site. Justice Department lawyers argued the administration alone can decide what stories are told at National Park Service properties.

In its ruling Thursday, the appeals panel said the maintenance portion of the contract between the city and the federal government could not be interpreted to mean the site would remain as it was when it was completed.

“The duty to ‘maintain’ is better understood as a general management obligation that accompanies ownership, not a promise that the exhibits will forever remain in place regardless of the owner’s wishes,” the opinion said.

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Casey contributed from Boston.