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On February 16, 2026 a Federal Court issued and order telling the National Park Service to restore the exhibit on slavery on the President’s House in Independence Park in Philadelphia. The panels were placed on the ruins of the house that was used by George Washington and John Adams near Independence Hall and the describe Washington’s use of slaves while he was living there.
I have told this story in four other article, but I wanted to reproduce parts of the Federal District Court’s decision. The decision was made by the Republican Judge Rufe. The case is captioned as CITY OF PHILADELPHIA, Plaintiff, v. DOUG BURGUM, et al.,Defendants.
Here are excepts:
All history was a palimpsest, scraped clean and reinscribed exactly
as often as was necessary. In no case would it have been possible,
once the deed was done, to prove that any falsification had taken
place.
George Orwell, 1984
As if the Ministry of Truth in George Orwell’s 1984 now existed, with its motto
“Ignorance is Strength,” this Court is now asked to determine whether the federal government
has the power it claims—to dissemble and disassemble historical truths when it has some domain
over historical facts. It does not.
The President’s House is a component of Independence National Historical Park that
commemorates the site of the first official presidential residence and the people who lived there,
including people enslaved by President George Washington. On January 22, 2026, the National
Park Service (“NPS”) removed panels, displays, and video exhibits that referenced slavery and
information about the individuals enslaved at the President’s House.
Plaintiff City of Philadelphia (“the City”) filed this lawsuit under the Administrative
Procedures Act (“APA”) against the Secretary of the Interior Doug Burgum, the Department of the Interior, the Acting Director of NPS Jessica Bowron, and NPS, claiming, inter alia, that
Defendants’ removal of the displays is unlawful agency action, arbitrary and capricious, and,
alternatively, ultra vires…
At the turn of this century, historians identified the location of the first official residence
of the President of the United States, where Presidents Washington and Adams lived during their
terms.14 This historical research also identified information about nine enslaved Africans whom
President Washington owned, brought to the official presidential residence, and rotated in and
out of Pennsylvania, a practice which prevented enslaved individuals from petitioning for their
freedom under Pennsylvania law.15 Etched into a wall within the President’s House exhibit are
the names of those nine enslaved individuals: Oney Judge, Austin, Christopher Sheels, Giles,
Hercules Posey, Joe Richardson, Moll, Paris, and Richmond.16 Of those nine, Oney Judge
escaped the house in 1796, eventually making her way to New Hampshire. Hercules also
eventually escaped his enslavement after he was brought to Mount Vernon.
Based on these revelations, the United States House of Representatives in 2003 urged
NPS to commemorate the lives of slaves who were owned by President Washington and who lived on site.19 Specifically, the House urged NPS “to appropriately commemorate the concerns
raised regarding the recognition of the existence of the Mansion and the slaves who worked in it
during the first years of our democracy.”20 The House also directed NPS to submit a report
detailing the actions taken toward the realization of this project.
21
According to the testimony of Joyce Wilkerson, Chief of Staff for the City to Mayor John
Street from 2000 to 2007, the City became aware of the significance of the President’s House
site through the emergent historical research and public advocacy.
22 Ms. Wilkerson led the City’s
involvement in the project.
23 In 2003, the new Liberty Bell Pavilion opened adjacent to the site
that would become the President’s House. The juxtaposition of the newly placed Liberty Bell
and the recently uncovered history of slavery at that spot motivated the City to collaborate with
NPS to tell a “fuller story” because “it was finally time to tell an honest story about American
history and the founding of this country and the role that slavery and enslaved Africans had . . .
as well as the free [African-American] Philadelphians.”24
To tell this fuller story, the City committed $1.5 million of City funds towards
commemoration efforts for the President’s House in 2003.
25 Intending to fill gaps in funding the
project, this monetary commitment reflected the City’s prominent role in moving this project
forward” to ensure “the full story be told.”26 In 2005, Congress appropriated $3.6 million for “Independence National Historic[al] Park scenic enhancement and pedestrian walkways
improvement project in conjunction with the [P]ark’s Executive Mansion Exhibit.”27 Around that
time, NPS and the City began to collaborate by jointly issuing a Request for Qualifications
(“RFQ”) document for contractors and later by convening an Oversight Committee comprised of
stakeholders such as representatives of advocacy groups, historians, and community activists.28
NPS and the City also agreed that NPS would organize an excavation of the President’s House
site, with City-approval needed for NPS to select an archeological firm.29 As the excavation
proceeded, NPS was to provide recurring reports regarding its historical findings.30
In 2006, pursuant to the founding Congressional legislation, the City and NPS entered
into an agreement (the “2006 Cooperative Agreement” or “2006 Agreement”) to establish an
exhibit at the site of the President’s House to “illuminate[] the history of the site of the former
President’s House.”31 The 2006 Cooperative Agreement established terms of cooperation
between the City and NPS “in the planning, development and preparation of the design,
fabrication and installation” of the President’s House Exhibit.32 The Agreement established that,
upon completion of the Exhibit, ownership of the Exhibit would transfer to NPS.33 The
Agreement also identified that the City’s provision of funds for the President’s House project
fulfilled a public purpose “because it enables the City to commemorate the symbolic and
historical importance of the President’s House for the City of Philadelphia, its citizens, and all Americans nationwide, and by doing so, there is a public benefit inuring to the City.”34 The 2006
Cooperative Agreement ensured its “terms, covenants and conditions” extended to and bound the
parties and their successors.35
The 2006 Cooperative Agreement was subject to a one-year term, which was renewable
at the City’s option.36 The 2006 Agreement was then amended and extended in 2007 (the “First
Amendment”), 2008 (the “Second Amendment”), and 2009 (the “Third Amendment”).
37 The
First Amendment provided nearly $26,000 in additional funds to the project from the City.38
Otherwise, the 2006 Agreement remained unchanged and in full force.39 The Second
Amendment extended the 2006 Agreement, and all other terms and conditions of the 2006
Agreement, as modified by the First Amendment, remained unaltered.
The Third Amendment designated the City as responsible for the “design, fabrication,
installation, and completion” of the President’s House Project, which would be “owned,
maintained, managed, and interpreted” by NPS upon its completion.41 The City agreed to
“undertake and complete in a timely manner, at its sole cost and expense, the Project.”42 The
Third Amendment included a Project Development Plan, which was created at the direction of
Congressional legislation, to facilitate the objectives of all parties. This Plan specifies that the interpretation of the site “will focus on the house and the people who lived and worked there, the
Executive Branch of the U.S. Government, the systems and methods of slavery, AfricanAmerican Philadelphia, and the move to freedom for the enslaved.”43 The Project Development
Plan also states that “NPS will review and approve any recommended changes to the Project in
accordance with the Cooperative Agreement as amended.”44 The Third Amendment permits
amendment or supplementation to the Project Development Plan “by written agreement of the
parties.”45
The Third Amendment institutes a term of one year beginning May 1, 2009.46 Under this
term, the Third Amendment expired on May 1, 2010. However, the Third Amendment also
contained a Survival Clause, which states:
Q. Survival: Any and all provisions which, by themselves or their nature,
are reasonably expected to be performed after the expiration or termination of this
Third Amendment shall survive and be enforceable after the expiration or
termination of this Third Amendment. Any and all liabilities, actual or contingent,
which have arisen during the term of and in connection with this Third Amendment
shall survive expiration or termination of this Third Amendment.47
Under the Survival Clause, certain provisions in the 2006 Agreement extend beyond May 1, 2010.
As set forth in the 2006 Agreement and amendments, the City made significant financial
contributions to the President’s House, including $3.5 million toward the overall project.48 The
project was also funded by the Department of Transportation ($3.6 million) and the Delaware
River Port Authority ($3.5 million).
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