A federal judge has dismissed a lawsuit filed against the National Park Service that stemmed from the 2008 arrest of a D.C. woman for dancing at the Jefferson Memorial.

In a 26-page opinion, U.S. District Judge John Bates ruled that “expressive dancing” does constitute an act that undermines “an atmosphere of calm, tranquility, and reverence” at the memorial.

“A prohibition on expressive activities in a nonpublic forum does not violate the First Amendment if it is viewpoint neutral and is ‘reasonable in light of the use to which the forum is dedicated,'” Bates wrote. “Here, the ban on demonstrations at the Jefferson Memorial satisfies these requirements.”

The complainant, Mary B. Oberwetter, was arrested around midnight on April 13, 2008. She and a group of friends had gathered at the memorial that night to dance silently while wearing earphones, as a way to celebrate Jefferson’s birthday. U.S. Park Police Officer Kenneth Hilliard eventually told them to disperse, at which point Oberwetter refused and began asking why they couldn’t continue dancing. Hilliard then arrested her on charges of demonstrating without a permit and interfering with an agency function, but those charges were eventually dropped.

In the lawsuit, filed in March, Oberwetter alleged that the arrest violated her right to free expression. But Judge Bates ultimately ruled that Hilliard had probable cause to arrest Oberwetter, and that the Jefferson Memorial is not a public forum where people may dance, silently or otherwise.

“Obviously this outcome is disappointing,” Oberwetter said when reached for comment. But, she said, “I still feel like this has been well worth the effort.”

Download a .pdf of the decision here.

Full disclosure: Oberwetter and I have a couple of mutual friends, so we occasionally end up seeing each other in social settings.