Finley

MEMORANDUM OPINION

Plaintiffs are four individual performance artists (“individual plaintiffs”) and the National Association of Artists’ Organizations (“NAAO”). Individual plaintiffs allege that defendants the National Endowment for the Arts (“NEA”) and John E. Frohnmayer (“Frohnmayer”), NEA Chairperson, violated their constitutional and statutory rights by improperly denying their applications for NEA grants and by releasing to the public information from their application files. They seek declaratory and injunctive relief on their constitutional and statutory funding claims, and damages on the Privacy Act claim. In addition, all plaintiffs seek a declaration that the so-called “decency clause” of 20 U.S.C. § 954 (d), enacted several months after individual plaintiffs’ applications were denied, is void for vagueness and violates the First Amendment on its face.

Before the court are two motions. The first is defendants’ motion for judgment on the pleadings. Defendants contend that: (1) the NEA’s funding decisions are unre-viewable because they are committed to agency discretion by law; (2) venue is improper as to the Privacy Act claim; and (3) plaintiffs lack standing to…