Case 1:23-cv-00335-ABJ Document 36 Filed 03/18/24 Page 1 of 12

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

KRISTI L., et al.,

Plaintiffs,

v.
Civil Action No. 23-0335 (ABJ)
NATIONAL AIR AND SPACE MUSEUM,
et al.,

Defendants.

VOLUNTARY STIPULATION OF SETTLEMENT, RELEASE, AND DISMISSAL

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs Kristi L. on behalf

of herself and her minor child, T.L., Christina Mills, Patrick Murphy, Mary H., Jane Kihne,

Kathleen Kihne, Morgan Mills, Sue K. on behalf of her minor child, J.K., Peter H. on behalf of his

minor child O.H., Laurie T. on behalf of her minor child, B.T., and Christopher Morris (the

“Plaintiffs”) and Defendants the National Air and Space Museum (“Museum”), Christopher

Browne, in his official capacity as Director of the Museum, Office of Protection Services, and

Mark Wallace, in his official capacity as Director of Office of Protection Services (the

“Defendants”) (collectively, the “Parties”) respectfully stipulate to resolve the above-captioned

matter brought under the First and Fifth Amendments to the U.S. Constitution, and the Religious

Freedom Restoration Act, 42 U.S.C. § 2000bb-1, on the terms set forth in this Stipulation.

1. The Parties, as well as non-parties Michael Commerford, Flavia V. on behalf of her

minor child, V.V., Michelle R. on behalf of her minor child, L.W., and Heidi Langowski (the

“Potential Plaintiffs”) do hereby agree to settle and compromise each and every claim of any kind,

whether known or unknown, arising directly or indirectly from the acts or omissions that gave rise

to this civil action under the terms and conditions set forth in this Stipulation.



     
  
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2. In consideration of Plaintiffs’ and the Potential Plaintiffs’ agreement to settle each and

every claim of any kind relating to this civil action, Defendants agree to pay the sum of $50,000

(fifty thousand dollars) (the “Settlement Amount”), which sum shall be in full and final settlement

and satisfaction of any and all claims by Plaintiffs and Potential Plaintiffs for attorney’s fees,

expenses, costs, and interest on those sums in connection with this matter. The Settlement Amount

shall be made by an electronic funds transfer following Plaintiffs and the Potential Plaintiffs

providing the payment information necessary to process payment.

3. The Parties and Potential Plaintiffs further agree that Director Browne or his

successor shall provide a tour of the Museum on one day, at a time and date to be mutually

determined by the Parties and Potential Plaintiffs, to Plaintiffs and Potential Plaintiffs who are able

to attend. For those Plaintiffs or Potential Plaintiffs who are unable to attend, Director Browne or

his successor will provide an apology via Zoom, Webex, or other video calling software platform,

at a time to be mutually determined by the Parties and Potential Plaintiffs.

4. The Parties and Potential Plaintiffs further agree that Plaintiffs or their counsel may

disseminate the pro-life hat incident after action report as previously redacted.

5. The Parties and Potential Plaintiffs further agree that Director Wallace will provide

an apology via Zoom, Webex, or other video calling software platform at a time to be mutually

determined by the Parties and Potential Plaintiffs.

6. Defendants represent that the Smithsonian Institution has conducted a thorough

investigation of the events that transpired on January 20, 2023. In doing so, Defendants confirm

that Smithsonian officials have identified and spoken with any and all Office of Protection Services

officers who are known to have been involved in or participated in the events alleged, as well as

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Case 1:23-cv-00335-ABJ Document 36 Filed 03/18/24 Page 3 of 12

with Allied Universal Security Services regarding their officers’ involvement in the direction for

Plaintiffs to remove their hats.

7. Defendants further represent that at no time did they or, to the best of their

knowledge, any other Smithsonian official receive any verbal or written instruction, memorandum,

or notice of any kind from any member of the U.S. government’s executive branch, or any U.S.

federal agency, department, agent or official instructing Smithsonian or Smithsonian contractor

security officers to be on the look-out for and/or prohibit any visitor from displaying political or

religious messaging, including anti-abortion or pro-life messaging, except for communications that

are routinely sent providing notice any time there is a planned demonstration on the National Mall,

or as otherwise identified in the redacted declaration of the officer that is attached to this

Stipulation as Appendix A.

8. Upon filing this Stipulation with this Court, the Parties shall simultaneously file a

joint motion requesting that the Court enter the proposed consent order attached to this Stipulation

as Appendix B. The Parties and Potential Plaintiffs need not comply with the terms and conditions

set forth in the proposed consent order unless and until the Court grants the Parties’ joint motion

to enter the Parties’ proposed consent order.

9. The Smithsonian shall further reiterate via a bulk distribution method to all security

officers stationed at all Smithsonian museums open to the public and the National Zoological Park,

the current Smithsonian policy regarding the wearing of hats or other types of clothing with

messages, including religious and political speech.

10. Within forty-five days of the execution of this Stipulation by the Parties and

Potential Plaintiffs (or, in the event of a government shutdown during that period, within forty-

five days of the end of the government shutdown), Defendants agree to make available for

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Plaintiffs’, the Potential Plaintiffs, and their counsel’s viewing, during a video call via Zoom,

Webex, or other video calling software platform, available footage of the events that occurred on

January 20, 2023, at the Museum involving the Plaintiffs and which are described by Plaintiffs in

the Complaint in this matter filed on February 6, 2023. Plaintiffs and the Potential Plaintiffs agree

to work with Defendants on a date and time that is mutually agreeable to all involved to view the

available video footage. Once the Parties and Potential Plaintiffs agree on a date and time to view

the available footage pursuant to this paragraph, Defendants shall provide undersigned counsel for

Plaintiffs an online invitation for Plaintiffs, the Potential Plaintiffs, and their counsel to attend a

video call via Zoom, Webex, or other video calling software platform to view the available video

footage pursuant to this paragraph. Plaintiffs and the Potential Plaintiffs agree that only Plaintiffs,

the Potential Plaintiffs, and Plaintiffs’ counsel appearing in the signature block below shall be

invited by Defendants to view the available video footage pursuant to this paragraph. Plaintiffs,

the Potential Plaintiffs, and their counsel agree not to record, either via video, audio, or any other

means, any of the video footage they view pursuant to this paragraph.

11. Defendants further affirm that the information provided herein and representations

made to Plaintiffs in Appendix A are consistent with the pro-life hat incident after action report

and video footage.

12. Plaintiffs, the Potential Plaintiffs, and their guardians, heirs, executors,

administrators, or assigns hereby agree to accept the sums set forth in this Stipulation in full

settlement, satisfaction, and release of any and all claims, demands, rights, and causes of action of

whatsoever kind and nature, arising from, and by reason of any and all known and unknown, which

they may have or hereafter acquire against the United States of America, its agents, servants and

employees on account of the subject matter that gave rise to the above-captioned action, including

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Case 1:23-cv-00335-ABJ Document 36 Filed 03/18/24 Page 5 of 12

any future claim or lawsuit of any kind or type whatsoever, whether known or unknown. Plaintiffs,

the Potential Plaintiffs, and their guardians, heirs, executors, administrators, or assigns further

agree to reimburse, indemnify, and hold harmless the United States, its agents, servants, and

employees from and against any and all such causes of action, claims, liens, rights, or subrogated

or contribution interests incident to or resulting from further litigation or the prosecution of claims

by Plaintiffs, the Potential Plaintiffs, or their guardians, heirs, executors, administrators, or assigns

against any third party or against the United States.

13. This Stipulation is not intended to be, and should not be construed as, an admission

of liability or fault on the part of the United States, its agents, servants, or employees, and it is

specifically denied that they are liable to Plaintiffs or the Potential Plaintiffs. This settlement is

entered into by all parties for the purpose of compromising disputed claims and avoiding the

expenses and risks of further litigation. This Stipulation may not be used as evidence or otherwise

in any civil or administrative action or proceeding against Defendants or the United States or any

of their present or former officials, employees, or agents, either in their official or individual

capacities, except for proceedings necessary to implement or enforce the terms hereof.

14. This Agreement contains the entire agreement between the Parties and Potential

Plaintiffs hereto and supersedes all previous agreements, whether written or oral, relating to the

subject matter hereof. No promise or inducement has been made except as set forth herein, and

no representation or understanding, whether written or oral, that is not expressly set forth herein

shall be enforced or otherwise given any force or effect in connection herewith.

15. The terms of this Agreement may not be modified or amended, and no provision

hereof shall be deemed waived, except by a written instrument signed by the party to be charged

with the modification, amendment, or waiver, or by such party’s counsel.

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16. The Parties and Potential Plaintiffs acknowledge that the preparation of this

Agreement was collaborative in nature, and so agree that any presumption or rule that an agreement

is construed against its drafter shall not apply to the interpretation of this Agreement or any term

or provision hereof.

17. The persons signing this Stipulation warrant and represent that they possess full

authority to bind the persons on whose behalf they are signing to the terms of the settlement.

18. In the event that any of the Plaintiffs or Potential Plaintiffs is a minor or a legally

incompetent adult, those Plaintiffs or Potential Plaintiffs must obtain Court approval of the

settlement at Plaintiffs’ expense. Such Plaintiffs or Potential Plaintiffs, if any, agree to obtain such

approval in a timely manner: time being of the essence and notify Defendant’s counsel, via email,

the instant approval is acquired. Such Plaintiffs or Potential Plaintiffs, if any, further agree that

the United States may void this settlement at its option in the event such approval is not obtained

in a timely manner. In the event such Plaintiffs or Potential Plaintiffs, if any, fail to obtain such

Court approval, this entire Stipulation, and the compromise settlement set forth herein, is null and

void.

19. The Parties and Potential Plaintiffs agree that this Stipulation, including all the

terms and conditions of this compromise settlement and any additional agreements relating thereto,

may be made public in their entirety, and Plaintiffs and the Potential Plaintiffs expressly consent

to such release and disclosure pursuant to the Privacy Act, 5 U.S.C. § 552a(b), and the Freedom

of Information Act.

20. This Stipulation may be executed in counterparts. All such counterparts and

signature pages, together, shall be deemed to be one document.

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21. No provision of this Settlement Agreement shall be interpreted to constitute a

commitment or requirement that Defendants expend funds in contravention of the Anti-Deficiency

Act, 31 U.S.C. § 1341, or any other applicable statute that restricts Defendants’ ability to remit the

Settlement Amount to Plaintiffs or Potential Plaintiffs due to a lapse in or insufficient

appropriations from Congress.

22. The filing of this Stipulation with the Court shall effect a dismissal of this action

with prejudice with each party to pay their own costs and fees as set forth herein.

<REMAINDER OF PAGE LEFT BLANK; SIGNATURE PAGES TO FOLLOW>

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Case 1:23-cv-00335-ABJ Document 36 Filed 03/18/24 Page 8 of 12

FOR DEFENDANTS:

MATTHEW M. GRAVES, D.C. Bar #481052

United States Attorney

BRIAN P. HUDAK
Chief, Civil Division

By: /s/ Douglas C. Dreier Mar. 12, 2024

DOUGLAS C. DREIER, D.C. Bar #1020234 Date
ERIKA OBLEA, D.C. Bar #1034393
Assistant United States Attorneys
601 D Street, NW
Washington, DC 20530
202-252-2567
Douglas.dreier@usdoj.gov
Erika.oblea@usdoj.gov

Attorneys for the United States of America

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Case 1:23-cv-00335-ABJ Document 36 Filed 03/18/24 Page 9 of 12

FOR PLAINTIFFS:





KRISTI L. Date
Plaintiff





T.L. Date
Plaintiff





CHRISTINA MILLS Date

Plaintiff





PATRICK MURPHY Date

Plaintiff





MARY H. Date
Plaintiff





JANE KIHNE Date

Plaintiff





KATHLEEN KIHNE Date

Plaintiff





MORGAN MILLS Date

Plaintiff

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Case 1:23-cv-00335-ABJ Document 36 Filed 03/18/24 Page 10 of 12





Sue K. Date
Plaintiff





J.K. Date
Plaintiff





PETER H. Date
Plaintiff





O.H. Date
Plaintiff





LAURIE T. Date
Plaintiff





B.T. Date
Plaintiff





CHRISTOPHER MORRIS Date

Plaintiff





MICHAEL COMMERFORD Date

Potential Plaintiff





V.V. Date
Potential Plaintiff

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Case 1:23-cv-00335-ABJ Document 36 Filed 03/18/24 Page 11 of 12





Flavia V. Date
Potential Plaintiff





L.W. Date
Potential Plaintiff





Michelle R. Date
Potential Plaintiff





HEIDI LANGOWSKI Date

Potential Plaintiff

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Case 1:23-cv-00335-ABJ Document 36 Filed 03/18/24 Page 12 of 12

THE AMERICAN CENTER FOR LAW AND JUSTICE

JAY ALAN SEKULOW
(D.C. Bar No. 496335)
JORDAN SEKULOW
(D.C. Bar No. 991680)
STUART J. ROTH
(D.C. Bar No. 475937)
CHRISTINA (STIERHOFF) COMPAGNONE
(D.C. Bar No. 1657929)
OLIVIA F. SUMMERS
(D.C. Bar No. 1017339)




By:
BENJAMIN P. SISNEY Date
(D.C. Bar No. 1044721)
201 Maryland Avenue, NE
Washington, D.C. 20002
Telephone: (202) 546-8890
Facsimile: (202) 546-9309
Email: bsisney@aclj.org

ABIGAIL SOUTHERLAND
(TN. Bar. No. 026608)
625 Bakers Bridge Ave., Suite 105-121
Franklin, Tennessee 37067
Tel. 615-599-5572
Fax: 615-599-5180
Email: asoutherland@aclj.org

Counsel for Plaintiffs

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Case 1:23-cv-00335-ABJ Document 36-1 Filed 03/18/24 Page 1 of 4

APPENDIX A
 Case 1:23-cv-00335-ABJ Document 36-1 Filed 03/18/24 Page 2 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

KRISTI L., et al.,

Plaintiffs,

v.
Civil Action No. 23-0335 (ABJ)
NATIONAL AIR AND SPACE MUSEUM,
et al.,

Defendants.

DECLARATION OF

I, , pursuant to 28 U.S.C. § 1746, hereby declare as follows:

1. I am currently employed with the Smithsonian Institution’s Office of Protection

Services (“OPS”) as a . I have held this position since , 2023. Prior to that,

I held the position of for OPS from 2018 to , 2023. I have been

employed with the Smithsonian since 2016. I make this Declaration based on my personal

knowledge.

2. On January 20, 2023, I was stationed at the National Air and Space Museum

(“NASM”). I had only recently been on , 2023. NASM was a

new location for me at that time, as I moved from the National Museum

to NASM when .

3. People visiting NASM have to go through security screening before they can enter

the museum. On January 20, 2023, the only entrance to NASM open to museum visitors was

located on the Independence Avenue side of the museum, close to the intersection with Sixth

Street. The security screening area is typically staffed with both OPS and Allied Universal security

personnel.

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 Case 1:23-cv-00335-ABJ Document 36-1 Filed 03/18/24 Page 3 of 4

4. To the best of my memory, I reported to the security screening area in the mid-

afternoon on January 20, 2023, to assist with overseeing the security screening while another OPS

officer was on break. While I was in the security screening area, an Allied Universal officer (I did

not know name) asked me whether a group of visitors from the March for Life could enter the

NASM with their hats on. I responded, “you can ask them to take their hats off,” or words to that

effect. I also believe I requested at least one group of visitors to remove their hats when I was in

the security screening area.

5. Lt. OPS Lieutenant who was stationed at

NASM on January 20, 2023. .

6. Later that afternoon on January 20, 2023, Lt. approached me and informed

me that we do not ask visitors to remove hats or clothing. The Smithsonian policy on

demonstrations applies to placards, signs, and banners but not clothing.

7. I know now that my direction for visitors to remove their hats upon entering the

NASM was a mistake, and I regret that mistake. I will not make that mistake again. In addition

to the correction from Lt. , I have since received additional training on the Smithsonian’s

policy on demonstrations (OPS Policy 61 (Demonstrations and Protests)), including on January

21, 2023 and several times since then. I have also been trained on OPS Training Bulletin TB-17

(OPS-61 Demonstrations & Protests: Paid Protesters & Inside SI Buildings & Gardens).

8. My direction for visitors to remove their hats was not based on the content of the

pro-life message on their hats. I, personally, am pro-life and believe in the pro-life cause.

9. Rather, I was concerned about the size of the group entering on January 20, 2023

and ensuring an orderly process for the visitors passing through security at the NASM entrance.

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Case 1:23-cv-00335-ABJ Document 36-2 Filed 03/18/24 Page 1 of 4

APPENDIX B
 Case 1:23-cv-00335-ABJ Document 36-2 Filed 03/18/24 Page 2 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

KRISTI L., et al.,

Plaintiffs,

v.
Civil Action No. 23-0335 (ABJ)
NATIONAL AIR AND SPACE MUSEUM,
et al.,

Defendants.

CONSENT ORDER

Stipulation of Agreed Facts

The parties hereby stipulate to the following agreed facts:

A. Plaintiffs represent that they are all citizens of the United States who hold a deep

and sincerely held religious belief that unborn babies are created in the image of God, should be

protected, and thus, that they should speak up for, and on behalf of the unborn babies.

B. Plaintiffs allege in Paragraph 9 of their Complaint that on January 20, 2023, while

visiting Washington D.C. for the annual March for Life event, they were “subject to a pattern of

ongoing misconduct” within the Smithsonian’s National Air and Space Museum (“Museum”) by

“at least 5 different staff, personnel, employees, and/or security guards of [the Museum] including

Defendants Jane and John Does,” who allegedly targeted Plaintiffs and intentionally chilled their

religious speech and expression by requiring Plaintiffs to remove or cover their attire because of their

pro-life messages.

C. The Smithsonian Institution (“Smithsonian”) represents that it welcomes all visitors

without regard to their beliefs. Smithsonian represents that its policy prohibits, among other
 Case 1:23-cv-00335-ABJ Document 36-2 Filed 03/18/24 Page 3 of 4

things, the displaying or carrying of placards, signs, banners, and flags in Smithsonian museums.

Smithsonian represents that its policy does not prohibit visitors from wearing hats or other types

of clothing with messages, including religious and political speech.

D. Smithsonian regrets the treatment of Plaintiffs on January 20, 2023, and the failure

of its security personnel to properly follow Smithsonian policy and has reminded all security

officers stationed at the Museum of the rights of visitors and of the policy set forth in Paragraph C

above.

E. Plaintiffs represent that they are fearful that when they return to the Museum during

the pendency of this action wearing clothing and other attire containing pro-life messaging,

Plaintiffs will be targeted and will not be permitted to exercise their First Amendment right to

freedom of speech.

Consent Injunction

The parties consent to the following as part of the parties’ agreement to settle and dismiss

this case. Accordingly, IT IS HEREBY ORDERED THAT:

1. Pursuant to Federal Rule of Civil Procedure (“Rule”) 65(d), Defendants, their

officers, successors in office, employees, and agents are ENJOINED from prohibiting visitors to

the Museum from wearing hats or other clothing with messages, including religious and political

speech so long as the visitors’ conduct is otherwise in compliance with Smithsonian policy, which

injunction shall terminate on January 19, 2025.

2. The Smithsonian shall provide a copy of this Consent Order to all security officers

stationed at the Museum, as well as other Smithsonian personnel who interact with the public at

Museum, including volunteers and museum staff, within seven days of its entry by the Court.

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3. In light of this Order, the Consent Order entered by the Court on March 13, 2023

(ECF No. 18) is hereby terminated.

SO ORDERED, this _______ day of _____________, 2024.

______________________________
AMY BERMAN JACKSON
United States District Judge