Oak Ridge Today

Peace group wants fence removed from longtime Y-12 protest area

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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. An Oak Ridge organization that wants to eradicate nuclear weapons has asked a federal court to order the removal of the fence before an Aug. 6 ceremony.

Calling it an assault on their First Amendment rights, an Oak Ridge organization has again asked a federal court to order officials to remove a fence that blocks an area long used for protests, vigils, and demonstrations in front of the Y-12 National Security Complex.

The Oak Ridge Environmental Peace Alliance, which opposes Y-12’s nuclear weapons production work, filed the preliminary injunction in U.S. District Court in Knoxville on Friday. The lawsuit, which amends a complaint filed in April, names new U.S. Energy Secretary Ernest Moniz as the sole defendant.

OREPA wants the U.S. Department of Energy to reopen a small grass field near Y-12’s main entrance at East Bear Creek and Scarboro roads before an annual Aug. 6 demonstration. If it is left in place, the temporary fence erected April 1 would cause “irreparable harm” to First Amendment rights—including the rights of free speech, peaceful assembly, and the ability to petition the government for a redress of grievances, OREPA said. [Read more…]

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

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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…]

Government can close area previously used for Y-12 protests, U.S. attorneys say

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Y-12 Fence on Scarboro Road

U.S. attorneys argue that the federal government has the right to close a previously open public forum, including this area near the main entrance at the Y-12 National Security Complex that has been used for protests and vigils for years.

Note: This story was last updated at 9:23 a.m.

Protesters call it a violation of their First Amendment rights, but U.S. attorneys said a new fence at the Y-12 National Security Complex can remain in place because the federal government has the right to close a previously open public forum.

The new fence encloses a grass field and small parking lot near the main entrance to Y-12 at Bear Creek and Scarboro roads. It’s been used for protests, vigils, and gatherings for 25 years.

Workers started erecting a temporary version of the fence on Monday. Protesters have asked the U.S. District Court in Knoxville to order that it be removed before an annual spring demonstration on Saturday. [Read more…]