Activists testify as they seek removal of fence at Eugene Federal Building plaza

The lone government witness during a hearing Thursday, June 18, about whether a temporary fence should be ordered removed at the Eugene Federal Building said the building’s security council voted to put up the barrier.

Testimony from building manager Ryan Anderson also referred to a permit process for events such as protests at the site, with the day’s testimony capped by U.S. District Judge Mustafa Kasubhai visiting the plaza area blocked from the public since completion of the fence April 30.

Kasubhai said the evidentiary hearing will resume Monday. 

Local activists represented by the Eugene-based Civil Liberties Defense Center have asked for a judge’s order to open the mostly closed-off plaza. The temporary fencing closes off access to the plaza with the exception of a corner section often used by speakers during demonstrations.

Activists have alleged the fence restricts rights of assembly and free speech, especially for those with disabilities or mobility impairments.

Anderson’s testimony — including a written declaration filled with pages of photos — referred to property damage at the building and security concerns, which he said became a “normal occurrence” by “mid-January,” before the date of a declared riot Jan. 30.

Eugene police declared the riot after reports of property damage and a building “breach,” though a review of Eugene police video by the city’s police auditor found no evidence of anyone entering the building. 

Kasubhai expressed alarm upon learning that a key is required to open fence gates padlocked from the inside, wondering how employees or others could quickly exit in case of an emergency. 

“It’s hard for me to fathom the idea that people cannot escape if a safety risk arises that people need to get out,” Kasubhai said.

Much of the testimony from witnesses called to the stand by Civil Liberties Defense Center attorney Marianne Dugan described a long history of protest activity at the site, which opened in the 1970s.

“It’s been a constant place where protests have taken place,” Stanley Taylor, leader of Indivisible Eugene Springfield, testified, describing protests he’s been involved with dating to the era of President Ronald Reagan in the 1980s over foreign military interventions and environmental concerns, among other issues.

“I think this oral history is important to document in the formal record,” Kasubhai said at one point during the hearing.

Taylor said the protest activity “isn’t just targeted toward the general public,” but also to “make a statement to those inside the building.”

Taylor, like several others who testified, spoke about having physical difficulties. While Taylor spoke about having difficulty standing for long periods because of back problems, others spoke about how not having a seating area — benches in the plaza area are now blocked by the fence — affected them. 

About 50 people sat in the courtroom gallery. About a dozen protesters began the day on the steps of the federal courthouse holding signs listing what they termed  “signs of fascism.” For example, a sign read, “starting wars on a whim”; another said “labeling minorities as enemies.”

The lawsuit, filed June 4 in U.S. District Court in Eugene, asks for a judge to review the decision by the federal General Services Administration to install the fence.

But Anderson, the building manager, testified that the building’s Facility Security Committee, composed of agencies housed at the site, decided on the fence after a weighted vote based on the amount of square-feet occupied by the agencies.

Anderson said the General Services Administration paid for the fence, but did not testify about its cost. The General Services Administration has not responded to questions from Lookout Eugene-Springfield about the cost. 

Anderson said that before Jan. 30, concerns had been raised by the Veterans Health Administration about whether veterans could safely receive services at the site, leading to discussions about security.

“That discussion was being had. Then we had the Jan. 30 incident. That kick-started the discussion of, possibly how are we going to secure the facility to maintain the services in the buildings,” Anderson said.

The Veterans Health Administration has left the Eugene Federal Building and is offering services at the VA clinic on Chad Drive.

In written testimony, Anderson said a Jan. 22 meeting of the Facility Security Committee included “a vote regarding installation of a security fence.” By the next day, “a majority of the FSC voted ‘yes,’ and FSC directed GSA to acquire a security fence” similar to fencing in place at the Mark O. Hatfield United States Courthouse in Portland.

In court, Anderson testified that the Facility Security Committee followed the recommendation made by a Federal Protective Service commander for the fence and also the location of the fence.

Anderson testified not at the request of Assistant United States Attorney James Blum, representing the General Services Administration, but after Kasubhai told Blum he wanted more information about the permitting process.

While activists who testified Thursday said they had never been asked to submit a permit for protest events held at the site, Anderson said there is a use-of-space permitting process that requires approval from a national office in Washington, D.C.