By Jackie Minchew
Since 2012, a growing number of oil and coal trains have clogged the rails from North Dakota and Wyoming to the Pacific Northwest, delaying traffic at rail crossings and polluting the environment. From diesel fumes and particulates in the air to blowing coal dust and oil leaks on the ground, they have negatively affected our quality of life in a variety of ways.
Sierra Club’s Beyond Coal and Beyond Oil campaigns have activated many members in opposing these trains over the past several years. Much good work has been done, and many coal plants have been closed down or converted to gas.
Taking personal action
I chose to take my activism a step further. Along with fellow activists Patrick Mazza, Abby Brockway, Liz Spoerri and Mike Lapointe, I took nonviolent direct action in the BNSF Railway Delta Yard in North Everett, Washington, on Sept. 2, 2014. With much assistance from members of Rising Tide Seattle and others, the so-called Delta 5 erected an 18-foot tripod over a well-chosen track and then locked ourselves to the tripod. Abby Brockway climbed to the apex of the tripod and sat there for the duration of the eight-hour action. We were ultimately arrested and booked into the Snohomish County Jail for an overnight stay and charged with misdemeanor trespass and blocking a train.
The necessity defense
In January 2016, almost a year and a half later, the Delta 5 trial began in the South District Court in Lynnwood. The venue was chosen to accommodate two documentary crews and the large number of supporters that were expected to attend the trial. It was a good choice because there was a crowd in the courtroom every day.
Thanks to our excellent legal team, Judge Anthony Howard of Everett allowed the presentation of the necessity defense, defined as a defense that permits a person to act in a criminal manner when an emergency situation, not of the person's own creation, compels the person to act in a criminal manner to avoid greater harm from occurring. We presented five expert witnesses, and each of us was allowed to testify as well.
The jurors were attentive, and many were visibly moved by the testimony. In the end, they found the Delta 5 not guilty of blocking a train but guilty of misdemeanor trespass. Of particular significance in this trial is the fact that it was the first time the necessity defense was successfully presented in a U.S. climate change trial, and a precedent was set.
Please note: Sierra Club has a policy to not officially support acts of civil disobedience. From time to time, chapter and group leaders choose to participate in such actions to participate in their personal (not club) capacity.