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Y-12 fence that blocks protest area to remain up for now; judge questions lawsuit jurisdiction

Posted at 5:51 pm April 5, 2013
By John Huotari 8 Comments

Y-12 Fence on Scarboro Road

The temporary fence erected at the main entrance to the Y-12 National Security Complex encloses an area, pictured above, that has been used for protests and vigils for years. Despite a court challenge Friday, the fence will stay up for now.

KNOXVILLE—The temporary fence that blocks a traditional protest area at the Y-12 National Security Complex will stay up for now.

A group that has used the grass field and small parking lot for protests and vigils near the Y-12 entrance at Bear Creek and Scarboro roads had sought to have the fence removed before an annual spring demonstration on Saturday. Workers started erecting it on Monday.

But the arguments about the fence and its alleged violations of the protesters’ First Amendment rights took a surprise turn in U.S. District Court in Knoxville on Friday.

District Judge Curtis L. Collier quickly raised a question about whether the court has jurisdiction to address the complaint filed Wednesday by the Oak Ridge Environmental Peace Alliance, its board members, and people affiliated with the nonprofit organization. [Read more…]

Filed Under: Federal, Government, National Nuclear Security Administration, Top Stories, U.S. Department of Energy, Y-12 National Security Complex Tagged With: Curtis L. Collier, fence, First Amendment, Francis L. Lloyd Jr., John E. Eldridge, National Nuclear Security Administration, NNSA, Oak Ridge Environmental Peace Alliance, OREPA, protests, Ralph Hutchison, Suzanne H. Bauknight, trespassing, U.S. Attorney, U.S. Department of Energy, U.S. District Court, William C. Killian, Y-12 National Security Complex

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