A federal judge has dismissed a lawsuit involving the arrest of a woman who danced at the Jefferson Memorial in April 2008. The woman filed a lawsuit against the National Park Service in March, alleging that her arrest violated her right of freedom of expression.However, in a 26-page opinion, U.S. District Judge John Bates decided that the Jefferson Memorial is a not a public forum where its “atmosphere of calm, tranquility, and reverence” may be disturbed by “expressive dancing.”
Around midnight on April 13, 2008, Mary B. Oberwetter and her friends assembled at the memorial to dance while wearing earphones to commemorate Jefferson’s birthday, 265 years after his birth. Soon after, U.S. Park Police Officer Kenneth Hillard found them and told them to stop, but Oberwetter refused. When she began asking why she had to stop dancing, Hillard arrested her on charges of demonstrating without a permit and interfering with agency function. Those charges were eventually dropped.
Oberwetter commented on the outcome of the lawsuit as “disappointing.” Yet, she said, “I still feel like this has been well worth the effort.”
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