QuickTake:

The federal government asked an appellate court to effectively push back the July 2 deadline for fence removal, but instead were granted only a limited stay. The order to remove the fence can still be appealed.

A federal appellate court has declined so far to extend a July 2 deadline for the removal of fencing at the Eugene Federal Building as part of a legal battle over public protests at the site.

Government attorneys Wednesday, in an emergency motion, asked for “an immediate administrative stay” of the order to remove the fence, which U.S. District Judge Mustafa Kasubhai issued orally from the bench earlier this week. “Stay” is a legal term that refers to putting a temporary halt to a legal proceeding.

The government argued for a stay lasting 14 days after Kasubhai issues a written opinion outlining his reasons for granting the preliminary injunction to reopen the site’s plaza.

On Friday, June 26, the 9th U.S. Circuit Court of Appeals instead granted a shorter stay — until 5 p.m. Monday. At the time of Friday’s order from the appellate court, Kasubhai’s written opinion had yet to be filed.

The Friday order makes clear the federal government may still appeal the preliminary injunction, with the stay granted to allow time for Kasubhai to file his written opinion and for the federal government “to decide whether to appeal.”

“This order is an administrative stay only. This court expresses no view on the merits,” states the order written by Senior Circuit Judge Sidney R. Thomas, Circuit Judge Holly A. Thomas and Senior Circuit Judge Carlos Bea.

In their emergency motion, government attorneys said the extra time is needed to prepare a motion for a stay pending their appeal.

Six activists in a lawsuit filed in U.S. District Court in Eugene have said the barrier, which closed off most of the site’s plaza, infringes upon their rights of free speech and assembly. They are represented by the Eugene-based Civil Liberties Defense Center.

Kasubhai initially ordered the fence removed within 48 hours. But after a hearing he pushed the deadline to July 2. 

The General Services Administration has said in court documents the fencing was installed April 30 to “protect the property, federal employees, and public visitors visiting the property for government services” after property damage during a protest.

Security fencing has blocked the public from part of the plaza outside the Eugene Federal Building since April 30. Activists are suing to have it removed. Credit: Max Unkrich / Lookout Eugene-Springfield

Eugene police declared a riot at the site Jan. 30.

The fence also serves to protect the property during “ongoing security renovations,” according to the GSA. However, during an evidentiary hearing, a building manager said there was no timeline in place for changes such as “hardened glazing” planned for windows near the interior courtyard lobby entrance.

Kasubhai, in granting the preliminary injunction, cited how the courtyard area has been active for decades as a space for protest and demonstrations.