Three Vietnam veterans and an architectural historian have filed a lawsuit challenging the Trump administration's plan to build a triumphal arch in Memorial Circle near Arlington National Cemetery, saying the move violates federal law.
At 250 feet tall, the proposed arch, called Independence Arch, would rank among the largest monuments in Washington, D.C.
President Donald Trump has tied the structure's height to celebrations marking the 250th anniversary of the nation's founding.
The lawsuit, filed Thursday in U.S. District Court for the District of Columbia, argues that federal law requires congressional approval before the arch can be built.
"As a starting point, the Act provides that any such work must be 'specifically authorized by Congress,'" the lawsuit states, referring to the Commemorative Works Act of 1986, which provides that no such work may be established on federal land in the Washington area without congressional approval.
The lawsuit also cites a separate statutory prohibition on constructing any "building or structure" on federal grounds in the district.
"Congress has not authorized construction of the Arch," the lawsuit states.
The complaint further alleges that "no environmental review has been conducted for the planned Arch, and plans for the Arch have not been submitted to the National Capital Planning Commission or the Commission of Fine Arts."
White House spokesman Davis Ingle defended the project in a statement to Newsmax.
"The Triumphal Arch in Memorial Circle is going to be one of the most iconic landmarks not only in Washington, D.C., but throughout the world," he said.
"It will enhance the visitor experience at Arlington National Cemetery for veterans, the families of the fallen, and all Americans alike, serving as a visual reminder of the noble sacrifices borne by so many American heroes throughout our 250-year history so we can enjoy our freedoms today," Ingle continued.
"President Trump will continue to honor our veterans and give the greatest Nation on earth — America — the glory it deserves."
The plaintiffs are Vietnam veterans Michael Lemmon, Shaun Byrnes, and Jon Gundersen, plus Calder Loth, a retired senior architectural historian for the Virginia Department of Historic Resources.
The lawsuit was filed by Public Citizen, a left-wing consumer advocacy group founded by Ralph Nader in 1971.
The plaintiffs argue the project would disrupt the historic "reciprocal view between the Lincoln Memorial and Arlington House," asserting that with the arch in place, "Arlington House will no longer be visible from the Lincoln Memorial, and the view of the Lincoln Memorial from Arlington House will be obscured."
The complaint also raises concerns about aviation safety and traffic. It states that the height of the arch would make it an "obstruction to air navigation," requiring notice to the Federal Aviation Administration.
It further alleges that "it appears nothing about the arch project has been submitted to the FAA's Obstruction Evaluation/Airport Airspace Analysis site."
The plaintiffs contend that proceeding without congressional authorization would exceed executive authority.
"Defendants' construction of the Arch without congressional approval and without satisfaction of procedural prerequisites is in excess of the powers that Congress has delegated to Defendants and is contrary to specific statutory requirements," the complaint states.
The suit asks the court to declare construction of the arch unlawful absent congressional authorization and to issue preliminary and permanent injunctions barring federal officials and the National Park Service from taking steps to build it.
Newsmax has reached out to the Department of Justice for comment.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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