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# Activists Get Prison Time for Dumping Powder on Constitution Case
- URL: https://hyperallergic.com/activists-get-prison-time-for-dumping-powder-on-constitution-case/
- Published: 2024-11-25T22:09:12.000Z
- Updated: 2025-11-24T16:03:39.000Z
- Description: Although the historical document was unscathed, the two protesters were charged with “felony destruction of government property.”
- Author: Isa Farfan
- Tags: News, Climate Change, National Gallery of Art, Washington DC, #wp, #wp-post, #image-position-hidden, #Import 2025-11-24 09:36 (2023, 2024, part 2)

A court in Washington, DC, handed down prison sentences earlier this month to two climate activists who dumped red tempera paint powder on a display case containing the original United States Constitution at the National Archives in February. 

The members of the climate action group Declare Emergency, 27-year-old Jackson “Kroegeor” Green and 35-year-old Donald Zepeda, were sentenced to 18 months and two years in prison, respectively, for “felony destruction of government property.” 

There was no physical damage to the Constitution itself, the [*Associated Press*](https://apnews.com/article/constitution-red-powder-climate-change-activist-8011124fe69e5ebcf555cac832889e43?ref=hyperallergic.com) reported. The fine powder used in the protesters’ action caused over $50,000 in clean-up costs and required a four-day closure of the museum’s rotunda, according to the US Attorney’s Office for the District of Columbia. Prosecutors also claimed in court documents that the action wreaked “terror” among staff and visitors who were unsure whether the substance was safe.

On November 12, Declare Emergency issued a [public statement](https://www.declareemergency.org/press/kroegeorsentencing?ref=hyperallergic.com) before Green’s sentencing in support of the activist and accusing presiding Judge Amy Berman Jackson of acting “in denial of the current planetary emergency.”

"Green acted on behalf of humanity in dramatizing the inattention of our leaders to our quickly worsening climate," the statement read.

According to court documents, prosecutors asked the judge to consider a four-year sentence for Zepeda, who they say [planned the action](https://www.washingtonpost.com/dc-md-va/2024/11/15/national-archives-vandalism-climate-activists-sentenced/?ref=hyperallergic.com), and a two-year sentence for Green.

Green had previously been charged for [writing](https://climatechangedispatch.com/climactivist-smears-red-paint-on-d-c-exhibit-honoring-black-civil-war-soldiers/?ref=hyperallergic.com) “Honor Them” in paint on a memorial commemorating the first Black Civil War infantry from the North. He was ordered to stay away from DC and all public museums and monuments before the powder incident, court documents said. 

Zepeda’s defense attorney [reportedly](https://www.washingtonpost.com/dc-md-va/2024/11/15/national-archives-vandalism-climate-activists-sentenced/?ref=hyperallergic.com) argued in court that it was not his client’s intention to damage the Constitution, but rather to urge the Biden administration to declare a climate emergency. 

A spokesperson for Declare Emergency told *Hyperallergic* that the court’s ruling would lead to more awareness of the climate movement.

“When more ordinary people like Kroegeor lose freedoms … the climate emergency can go into the national consciousness and we may win our human right to a livable planet,” the spokesperson said. 

Zepeda and Green for comment could not be reached for comment. 

**Editor's note 11/25/24 6:43pm EST:* A previous version of this article misstated the institution where the incident occurred. It was the National Archives, not the National Gallery.*