A federal judge has questioned the safety of the new fence at the Eugene Federal Building.
The discussion came Thursday during an evidentiary hearing on a lawsuit from six local activists who want the barrier taken down.
The General Service Administration fenced off parts of the building’s courtyard and sidewalk in April after a riot was declared at an anti-ICE and anti-Trump protest there in January.
The manager for the site, Ryan Anderson, told the court Thursday that the government is discussing more permanent changes to the building, including new riot glazing and hardened doors. But he said some of these projects will take time.
Meanwhile, the plaintiffs argue the temporary fencing has shrunk a long-standing forum for freedom of speech, while cutting off access to a ramp and benches that protesters with mobility issues have relied on.
Judge Mustafa Kasubhai is now weighing how to respond to the plaintiffs’ request for a preliminary injunction.
In court Thursday, the government’s lawyer James Blum argued the fence is just a time, place, and manner restriction. He said organizers could apply for a permit to use the closed-off area for an event.
However, Kasubhai questioned how people would get out of that space in an emergency. He said he didn’t want any adjustments he imposed around the policy to create a “kill box.”
“It’s hard for me to imagine that people cannot escape,” said Kasubhai.
At least one of the exits in the fence has no handle on the outside and appears to be padlocked from the inside.
Anderson said the main way into the upper courtyard is through the actual building. He said some employees have keys that will open the gates in the fence.
He said details about how the gates would function during events would be decided during the permitting process. But he said nobody has applied so far to use the space.
Kasubhai toured the site Thursday afternoon, as a small group of protesters and reporters stood outside of the gates. The court will reconvene Monday morning at 9:30 a.m..
