Trump administration can replace President's House slavery exhibit, appeals court says

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.

What we know:

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.

The backstory:

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.

What they're saying:

"When they come down people won’t know history they’ll just think oh these panels were here before these are probably history from before," said 9-year-old Kiki Fisher. 

"It’s a shame I’m ashamed of this country to hide the truth you know it’s embarrassing and let history be history," said Michael Davis of Olney. 

"I think they should’ve left it alone. They should stop messing with things," said Granger. 

"I am very unhappy this is not the United States that it should be," said Greco. Many visitors say they are following the developments closely and are concerned about what the changes mean for how history is remembered. 

Mayor Cherelle Parker had the following response to the ruling: 

"Good afternoon, Philadelphia. I want to talk with you about an important Federal court ruling released today on the City’s lawsuit involving the President’s House exhibit on Independence Mall. 

The United States Third Circuit Court of Appeals reversed a lower court ruling that the City won in February, which ordered the Federal government to reinstall a series of interpretative panels at the President’s House. Those panels that told the powerful history of how 9 enslaved individuals were held in slavery in President Washington’s the executive residence by President Washington.  

Today, the Third Circuit Court ruled against the City, and ruled that the Federal government had the legal right to determine what panels were installed at the President’s House. 

Philadelphia, hear me on this: I will pursue every legal action possible to reverse challenge this decision. We cannot and WILL not rest until the full story of American history – including the existence of Slavery at the President’s House here in Philadelphia – is told, for our Nation and the World to see. 

I will continue this fight, along with the allies who have been involved with the President’s House from the beginning, including the Avenging The Ancestors Coalition, led by Michael Coard, The Black Journey, and other citizens who feel passionately that there is only one way to tell American history: To tell the truth about America’s history so that we can all share in the promise of America’s future."

What we don't know:

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 Source: Information from the Associated Press and previous FOX 29 reporting. 

Philadelphia