A police officer and former police officer who sued and sought a court order to hang the plaque honoring members of law enforcement who defended the U.S. Capitol during the Jan. 6, 2021, riot have asked a judge to allow their civil lawsuit to proceed.  

Former Capitol Police Officer Harry Dunn and D.C. Police Officer Danny Hodges argue the placement of the plaque, which was unannounced and unexpected, violates the law. The plaque was hung inside a pair of doors along the west front of the U.S. Capitol Saturday morning at 4 a.m.

But the plaintiffs, who’ve fought in court for the installation of the plaque, argue that its placement in what they say is a “hidden” location is effectively no “different than the basement the plaque was kept in for years,” according to a court filing.

The officers argue the Capitol administrators are violating the law by not placing the plaque in a public location that is freely open to visitors.

“Honor is a social – that is, public – recognition,” they argue. “The potentially temporary nature of this installation does not change this analysis. Sen. Thom Tillis (R-NC), who fought to have the plaque installed, has suggested the plaque’s placement is not permanent.”

Democrats in the House and Senate have long complained about the delays and foot-dragging by Republican leaders in hanging the plaque. Jan. 6 police responders and their families have advocated for the placement of the marker.    

The suit, which names the architect of the Capitol as a defendant, argues the law that required the plaque to be installed by March 2023 also “requires the memorial to be displayed on the Capitol’s ‘western front,’ an exterior part of the building,” rather than inside the building.