The 9th U.S. Circuit Court of Appeals ordered that a lower court must review and clarify alternative measures the government is authorized to use before an order can be made to remove the fence surrounding the Eugene Federal Building, Lookout Eugene-Springfield reported on June 30.

The alternatives the Court of Appeals is asking the lower court to consider include a timeline and whether alternative fencing can be put up without keeping the existing perimeter fence.

The decision halts the removal of the fence, which was ordered to be completed by July 2. 

U.S. District Judge Mustafa Kasubhai granted a preliminary injunction to remove the fence on June 22 after the Civil Liberties Defense Center and six Eugene activists sued the General Services Administration on June 4, claiming the fence violated their First Amendment rights to free speech. 

The deadline to remove the fence was originally set for 48 hours after the ruling but was later extended to July 2 at 7 a.m. 

On June 29, attorneys representing the GSA asked the court to make a decision on their request to halt the preliminary injunction before construction was set to begin that evening to meet the judge’s deadline. 

The courts extended the temporary halting until 10 a.m. Tuesday, saying it needed more time to consider the stay. 

According to reporting from Lookout Eugene-Springfield, there is no timeline for when the lower court must act to “consider and clarify” alternatives.

This is a breaking story and will be updated.