State ex rel. Haskell v. Spokane County District Court

In a split opinion, the Washington Court of Appeals held that a protestor who stood on train tracks to protest the transport of oil and coal was not entitled to present a necessity defense because he had “reasonable legal alternatives” to trespass and unlawful obstruction, “even if those alternatives had not brought about timely legislative changes.” The defendant had testified that he believed his actions were necessary to avoid the “imminent danger” of train derailment and “to minimize the danger to the Earth due to climate change.” A climate scientist, conflict resolution professor, and international analyst in nuclear waste storage and transportation, accident prevention, and emergency planning and homeland security also testified or submitted an affidavit in support of his assertion of the necessity defense. The appellate court, which noted that the Washington Supreme Court had not addressed the question, stated: “The necessity defense does not apply to persons who engage in civil disobedience by intentionally violating constitutional laws. This is because such persons knowingly place themselves in conflict with the law and, if the law is constitutional, courts should not countenance this. There are always reasonable legal alternatives to disobeying constitutional laws.” The appellate court discussed State v. Ward—in which another division of the Washington Court of Appeals concluded that a climate change protestor should have been allowed to present a necessity defense—and said it disagreed with the decision “[t]o the extent Ward authorizes people to intentionally violate constitutional laws when protests and petitions are unsuccessful.” The dissenting judge would have found that the district court correctly ruled that the defendant in this case presented facts to support a necessity defense and that a jury should determine his guilt or innocence.