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Pursuant to 36 CFR § 1.5, the National Park Service is implementing a series of temporary closures and public use limitations of Ford’s Theatre National Historic Site due to seasonal maintenance projects required for theater operations. The temporary closures are scheduled all day on August 8-11, 15-18, 22- 25, 2022. The temporary closures apply to the Ford’s Theatre balcony, orchestra, and historic lobby. The basement museum, Petersen House, and Aftermath exhibits will remain open as normally scheduled. The NPS will mitigate the impact of the temporary closures on the public by maintaining weekend operational hours for Ford’s Theatre National Historic Site. The public will be able to access the full site on August 12-14 and 19-21, 2022. The series of 12-day closures have been reduced from 16-days required in past years. The temporary restriction is not of a nature, magnitude or duration that will result in a “significant alteration in the public use pattern.” The closure will not adversely affect the park’s natural aesthetic or cultural values, nor require significant modification to the resource management objection, nor is it of a highly controversial nature. Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 CFR § 1.5(c). This determination is consistent with hundreds of earlier partial or temporary closures, the legal opinion of the Office of the Solicitor, and judicial adjudications that have upheld other NPS closures and public use limitations. Spiegel v. Babbitt, 855 F. Supp. 402 (D.D.C. 1994) affd in part w/o op. 56 F. 3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995); ANSWER Coalition v. Norton, No. 05-0071, (D.D.C. January 18, 2005), Mahoney v. Norton, No. 02-1715 (D.D.C. August 22, 2002), plaintiff’s emergency motion for appeal for injunction pending appealed denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curium); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990) Picciotto v. Hodel, No. 87-3290 (D.D.C. December 7, 1987). Pursuant to 36 CFR § 1.5(c), 1.7, notice of this temporary and partial closure will be made through posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR § 1.5(c), this determination is available to the public upon request. Jeffrey Reinbold Superintendent, National Mall and Memorial Parks August 10, 2022 |
Last updated: August 11, 2022