The Thursday morning deadline to take down the fence at the Eugene Federal Building was on pause as of Tuesday evening. But Judge Mustafa Kasubhai is now writing an order that could bring it back.
Last week, Kasubhai told the federal government to remove the barrier, citing free-speech issues over access to the courtyard there.
Kasubhai later extended his initial 48-hour deadline to July 2 at 7:00 a.m., and he said federal officials could be held in contempt of court if it wasn’t done in time.
The building’s manager, Ryan Anderson, updated Kasubhai in court Tuesday afternoon about how the government has prepared so far.
Anderson said they had a city permit for road closures, some equipment had been moved on site, and contractors had come to Eugene to do the job. He said the project would cost more than $58,000.
However, the Ninth Circuit Court has repeatedly suspended the deadline, after the government appealed the judge’s decision.
On Tuesday morning, the court extended its stay while asking Kasubhai for more information about what “alternative measures” the government is authorized to do.
The Ninth Circuit also wanted to know whether alternative fencing could be built without keeping the current fence in place. It said with this order, it was not taking a position on the merits of the case.
“It's not a remand for some further determination or instruction to change my decision,” Kasubhai said in court Tuesday. “It's to provide clarity about what the record includes.”
During Tuesday’s hearing, Kasubhai asked questions about an alternative design for the site he’d sketched out previously, which would move the fencing panels closer to the building.
On Tuesday, Anderson told Kasubhai that moving the fence to that position would require additional materials and could take 30 to 34 days.
The lawyer for the government, James Blum, urged Kasubhai to also consider the alternative of keeping the fence in place.
“Ultimately, there are security and logistical realities and serious concerns that implicate the infeasibility of the option that your honor has suggested,” said Blum.
In a statement Tuesday, Lauren Regan with the Civil Liberties Defense Center argued that the government can meet the judge's previous request and deadline.
“It is important that the public is able to use the entire free-speech plaza by the Fourth of July," said Regan.
The pause on the deadline will no longer apply once Kasubhai issues a new order. At the end of the hearing Tuesday afternoon, Kasubhai said he had writing to do.
This story may be updated.
