State v. Brockway

The Washington Court of Appeals affirmed the trespass convictions of four protestors who entered a rail yard in Everett, Washington, and blocked tracks to protest coal and oil trains and raise awareness of rail safety and climate change. The appellate court found that the trial court had not abused its discretion when it denied the defendants’ request for a jury instruction on the necessity defense. The appellate court agreed that the defendants had failed to offer sufficient evidence for the fourth element of the necessity defense requiring that no reasonable legal alternatives existed. The appellate court also disagreed with the defendants’ argument that their right to present a defense was violated by the trial judge allowing them to present evidence for the necessity defense but refusing to instruct the jury on the defense. The appellate court rejected, however, the State’s argument that a necessity defense was never available in a civil disobedience context.