Protesters challenge Eugene Federal Building fence in free speech lawsuit

The new fence around the Eugene Federal Building has turned a familiar downtown gathering place into a restricted zone, and protesters say that change reaches far beyond security. In court on June 18, six local activists argued that the barrier effectively shuts down a public forum that has hosted demonstrations for decades, pushing people who once gathered at the building itself toward Pearl Street, Seventh Avenue and nearby sidewalks.

The lawsuit, filed June 4 in U.S. District Court in Eugene with help from the Civil Liberties Defense Center, seeks injunction and declaratory relief under the Administrative Procedure Act. The plaintiffs say the fence does not just trim access around the building; it changes who can stand there, how close demonstrators can get, and whether people with disabilities or mobility issues can still take part in protests at the site. A temporary path, they argue, does not restore the space’s public character.

At the hearing, government lawyer James Blum said the fence was a permissible time, place and manner restriction and told the court that organizers could apply for a permit to use the closed-off area for an event. U.S. District Judge Mustafa Kasubhai said he was concerned about emergency egress and said he did not want any court-imposed change to create a “kill box.”

The dispute grew out of a series of moves by the federal government and the City of Eugene this spring. Eugene Police Chief Chris Skinner first announced the fencing plan at a Police Commission meeting on Feb. 12. The City later said it received notice from the U.S. General Services Administration and publicly announced the installation on April 29, issuing a right-of-way permit only for temporary lane closures on Pearl Street and Seventh Avenue during construction. City officials said the federal government is exempt from state and local regulation on its own land, and the city’s review covered safety and accessibility in the public right-of-way, not whether the fence itself could go up.

The building, which houses an Immigration and Customs Enforcement field office, has become a flashpoint during the second Trump administration. On Jan. 30, a protest at the site ended with broken windows, tear gas, pepper balls, flash-bang-style munitions and an Eugene Police riot declaration. Even so, plaintiffs say most demonstrations there over the years have been peaceful, with songs, vigils and signs, which is why they describe the plaza as a traditional public forum. The General Services Administration has planned to fence off large portions of the plaza and surrounding area for two years, leaving a downtown protest site permanently changed while the case moves forward.