Judge orders fence around Eugene Federal Building to be removed within 48 hours

By NATHAN WILK/KLCC News

EUGENE — A federal judge said Monday that the fence at the Federal Building in downtown Eugene must be removed within 48 hours.

Judge Mustafa Kasubhai said he was granting a preliminary injunction, siding with six local activists who are suing the federal government over the barrier.

The fence was installed in April, after Eugene Police declared a January protest at the site a riot. The barrier blocks the building’s upper courtyard and part of the sidewalk.

The plaintiffs argue that the fence’s presence tramples on their free speech rights, limiting the size of events that can be safely held outside the building. They also said it cuts off access to an accessibility ramp, shade and benches that protesters with mobility issues and disabilities have relied on. Dozens of activists came to a hearing last week show their support.

In court, witnesses described the site as a destination for protests against the federal government since it was built in the 1970s, spanning opposition to the invasion of Iraq, Wall Street and pollution.

“I was frequently riding past the construction site and yelling nasty things about Nixon,” said former Lane County Commissioner Pete Sorenson during testimony on Thursday.

In court, the defense argued the fence was placed to avoid another riot and would remain while the government discusses other upgrades to secure the building.

The government’s lawyer, James Blum, said local event organizers could apply for a permit to use the closed-off area.

The decision

On Monday, Kasubhai said he found the courtyard to be a “traditional public forum.” While the government has an interest in protecting its building, he said the current fence isn’t a legally viable solution.

Kasubhai said he was concerned for the safety of those inside the fence and protesters at the lower courtyard, who may have a more difficult time dispersing in an emergency due to the blocked exits.

The judge initially tried to work with the parties on a plan to move the fence, rather than remove it. He passed around a sketch of a possible layout, which showed much of the fencing pushed up next to the building itself.

But when the government’s lawyers couldn’t provide a timeline for how long that project would take, Kasubhai said he’d just order the site to be returned to its previous state and let the government treat his sketch as guidance.

“I’m not going to let the First Amendment cool its jets while contracts are being negotiated,” he said.

Reactions

Lauren Regan with the Civil Liberties Defense Center celebrated the judge’s preliminary injunction. The center is representing the plaintiffs in this case.

“We are grateful to the court in being the bulwark against unconstitutional actions by the federal government right now, and recognizing long-held First Amendment rights to the federal Free Speech Plaza,” Regan said.

Naphtali Renshaw, a plaintiff in the case and organizer for the interfaith gathering Singing for Our Lives, said she cried when the judge announced the decision.

“We’re living in a time where our First Amendment rights are at the forefront of attack in many, many ways,” said Renshaw. “I’m excited to bring back our crowds and utilize the Free Speech Plaza in the way it was intended to be used, per our ancestors in protest.”

The ruling doesn’t mean the court case is over. Plaintiffs are still seeking a permanent injunction.

• This story originally appeared on KLCC, a nonprofit public radio station in Eugene and a news partner of Lincoln Chronicle.