Frohnmayer

ORDER GRANTING PLAINTIFFS’ MOTIONS FOR SUMMARY JUDGMENT

On December 17, 1990, the Court heard oral argument on cross-motions for summary judgment in each of the above-captioned cases. The Court HEREBY GRANTS plaintiffs’ motions for summary judgment and DENIES defendants’ motions for summary judgment.

The cross-motions for summary judgment made in these two actions have been consolidated. In each case the named defendants are the National Endowment for the Arts (“NEA”), an independent agency of the United States and John E. Frohn-mayer, Chairperson of said agency. Bella Lewitzky Dance Foundation is the plaintiff in case CV 90-3616 JGD, and Newport Harbor Art Museum is the plaintiff in case CV 90-5142 JGD. Facts common to both eases abound as do common questions of law. For this reason, the Court has consolidated the two actions for these limited purposes pursuant to Fed.R.Civ.P. 42(a).

FACTS

The Parties

Plaintiff Bella Lewitzky Dance Foundation (“Foundation”) is a nonprofit corporation which does business as the Lewitzky Dance Company. The Foundation was incorporated in California in 1968. It creates and performs modern dance works throughout the United States and foreign…