Fence around Eugene Federal Building must be removed within 48 hours, judge rules
Source: The Oregonian
Updated: Jun. 23, 2026, 7:58 a.m.|Published: Jun. 22, 2026, 1:17 p.m.
A federal judge on Monday ruled that a tall metal fence around the perimeter of the Eugene Federal Building violates the public’s right to free speech and assembly by blocking access to an upper courtyard that has for decades served as a focal point for local protests. “There is a long tradition and history of using the upper space for both quiet vigils and also to express thoughts and opinions to the government agencies that are housed there,” U.S. District Judge Mustafa T. Kasubhai ruled from the bench.
The judge said he understands the vital need to protect the downtown building’s employees and property from riots. But he said: “I’m not convinced that the placement of the fencing here is really designed for the purposes of improvement of the building, but really to eliminate the use of the space by the public when exercising their First Amendment rights.”
At first, Kasubhai said he wouldn’t order removal of the fencing but said the government must reconfigure it in a way that allows the public to use the upper courtyard while still safeguarding the building and its workers. But by the end of Monday, when the government couldn’t provide a time frame for meeting the judge’s wishes, Kasubhai ordered the government to remove the fence within 48 hours.
He said the government still could place a much less restrictive fence that hugs the breezeway of the building on its own timeline without blocking public access to the upper courtyard. He also rejected a government proposal to allow demonstrations in the upper plaza only with a permit.
Read more: https://www.oregonlive.com/crime/2026/06/fence-around-eugene-federal-building-violates-free-speech-rights-judge-says.html
Link to Civil Liberties Defense Center PRESS RELEASE - Civil Liberties Defense Center Announces Resounding Win in Federal Free Speech Plaza Lawsuit
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