OLYMPIA, Wash. — A man arrested for trespassing on BNSF property during a protest over oil and coal trains will be allowed to argue in court that the action was his only recourse in addressing climate change, the Washington state Suprme Court has ruled.
The Spokane Spokesman-Review reports the court ruled unanimously that Rev. George Taylor should be allowed to present that argument, known as the “necessity defense,” in a jury trial. Justice Susan Owens wrote in the court’s opinion, “While there are always alternatives in the abstract, an alternative that has repeatedly failed when attempted is not a reasonable alternative.”
The Climate Defense Project reports the necessity defense has been attempted in almost 30 cases in the U.S., without success.
Taylor was one of three people arrested in a September 2016 protest that blocked BNSF’s tracks in Spokane. A Wenatchee World article at the time said Taylor, a Lutheran minister, told a group of about a dozen protesters that “oil and coal trains are an abomination to the Lord.” Most of the crowd dispersed when warned to do so, but Taylor, Rusty Nelson, and Maevea Aelous were arrested on charges of trespassing and blocking a train.
Taylor’s trial has been on hold pending its appeal to the state Supreme Court, which was lodged in 2018. A new court date has not been set.
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