U.S. Files Reply to Museum’s Suit

The U.S. Department of Justice has submitted a pro forma reply to the Newport Harbor Art Museum in the first round of action regarding the museum’s lawsuit against the National Endowment for the Arts over the so-called obscenity pledge required of 1990 NEA grantees.

The government disputes none of the facts in the case as put forth by the museum--that the museum applied for four NEA grants totaling $100,000 and won them and that it won’t receive the money unless it signs a pledge that the grant won’t be used to show obscene work.

But the legal question remains: Is the restriction constitutional? The government says it is.

Within two weeks, the museum is expected to file a motion for summary judgment on Dec. 17 in Los Angeles Federal Court. On that same date, a parallel suit by the Bella Lewitzky Dance Company of Los Angeles is being heard.

James V. Selna, a Newport Harbor trustee and an attorney for the law firm of O’Melveny & Myers, which is representing the museum, said that if Newport Harbor loses the judgment it “probably” would appeal.

This year, NEA grants make up slightly more than 5% of the museum’s $1.8-million budget.