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Court filings from assistant U.S. attorneys also say they plan to appeal the order, which was issued Monday as part of a lawsuit filed by activists.
A judge’s deadline to remove fencing at the Eugene Federal Building should be extended by 11 days to July 5, an attorney representing the federal government said Tuesday, June 23.
U.S. District Judge Mustafa Kasubhai on Monday had granted a preliminary injunction sought by activists and ordered that the fencing that blocks most of the site’s plaza be removed within 48 hours, meaning the deadline was Wednesday.
Assistant U.S. Attorney James Blum, along with Assistant U.S. Attorney Tsechu Dolma, in a court filing, said: “Permitting and final scheduling of the contractors could take up to 11 days.” In a separate filing, the federal government also submitted a notice that they plan to appeal Kasubhai’s order granting the preliminary injunction.
In the deadline extension request, the attorneys wrote that the federal General Services Administration is working with the city of Eugene “to block portions of Pearl and 7th Street” for fence removal from 7 p.m. to 7 a.m.
“Finally, Federal Protective Services and Eugene Police Department would need to coordinate to ensure a safe work environment for contractors,” the attorneys wrote.
The attorneys said it may take up to 10 days for permitting, and then, after the permit is received, another day to schedule contractors.
Kasubhai had yet to rule on the request as of early Wednesday morning.
During a two-day evidentiary hearing before Kasubhai’s order, the federal government called the fence a countermeasure to property damage that occurred during protests.
A building manager for the site also described plans for additional changes, such as “hardened glazing” planned for windows near the interior courtyard lobby entrance, but no timetable was given for when the work might start.
In granting the preliminary injunction in a lawsuit filed by the Eugene-based Civil Liberties Defense Center, Kasubhai cited citizens’ rights to free speech and assembly in an area active for decades as an space for protest and demonstrations.
Six activists alleged the fence, blocking off most of the plaza and leaving a corner section of the site’s plaza open to the public, infringes upon the rights of people looking to exercise their rights of free speech and assembly.
Kasubhai, also Monday, had authorized some fencing could be put up. He presented attorneys with a diagram he marked by hand, showing a fence line stretching mostly along the interior wings of the main building.
