A judge has temporarily blocked new noise restrictions against protests near the Eugene Federal Building, which has been the site of frequent anti-ICE activism in recent months.
In November, the Trump administration fast-tracked a set of rules which criminalize “loud or unusual noise” surrounding its federal facilities nationwide.
A pair of Eugene protesters are now suing over what they describe as free speech violations and illegal targeting.
The Federal Building in downtown Eugene is home to an ICE field office.
One of the plaintiffs, Chloe Longworth, claims federal agents arrested and cited her on Nov. 18 for using a megaphone on a sidewalk, and threatened to arrest her again the next day for yelling. She said her charges were later dropped.
The other plaintiff, Anna Lardner, said she was also threatened with arrest for using a megaphone on a sidewalk.
The Eugene-based Civil Liberties Defense Center is representing both plaintiffs in this case. Marianne Dugan, CLDC’s senior civil attorney director, said the new noise rule is both too vague and too broad.
“Other folks who hear about this or observe it are perhaps likely to stay across the street, or not yell, or maybe not even show up at all,” said Dugan. “The broader impact of these rules is chilling behavior around the country—making people of ordinary firmness stop speaking out against the government.”
In a statement Friday, DHS Assistant Secretary Tricia McLaughlin argued that a noise ban that is content-neutral is constitutional, and she accused the protestors of wrongdoing.
"The plaintiffs in this case are suing because one of them wasn’t allowed to harass a janitor to the point where he needed a federal law enforcement escort to come in the building, and the other wasn’t able to use a megaphone to disrupt people trying to work inside the building," wrote McLaughlin.
DHS didn't respond to a request for clarification about which plaintiff each of its accusations refers to. Asked about the claims of harassing a janitor, Dugan said the plaintiffs aren't certain what DHS is talking about.
On Wednesday, Federal Judge Ann Aiken ordered DHS to stop enforcing the rule near the Eugene facility for 14 days, to allow for further discussion.
Aiken cited case law stating sidewalks are by default public forums, and said the plaintiffs had demonstrated likely success on the merits of the case.
"Here, Plaintiffs are regular protestors who believe they were targeted by government agents for their speech," wrote Aiken. "Whether or not they in fact were targeted, the danger of discriminatory application exists."
The plaintiffs are ultimately asking the court to strike down the noise rule, and issue an order affirming the right to protest “on traditional public forums.” Dugan said the next step is getting a preliminary injunction to keep the rule blocked.
