Judge Rules Against 4 Performers Suing NEA

A federal judge in Los Angeles ruled against four performance artists who sought a temporary restraining order in a dispute with the National Endowment for the Arts over the denial of fellowship grants on what they contend are political grounds.

The ruling by U.S. District Judge Terry J. Hatter came in a lawsuit filed Thursday by performers Karen Finley and Holly Hughes of New York, Tim Miller of Santa Monica and John Fleck of Los Angeles. The so-called NEA Four were denied fellowships by NEA Chairman John E. Frohnmayer in late June.

Lawyers for the artists had asked Hatter to issue an order forcing the arts endowment to set aside the $23,000 that would have been awarded pending resolution of the case.

Hatter ruled that the artists face no imminent irreparable damage. He noted that a judge may eventually rule in their favor and order the NEA to restore their grant eligibility.