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BUCKLEY v. CITY OF FALLS CHURCH

Record No. 0109-87-4.

371 S.E.2d 827 (1988)

James B. BUCKLEY, et al. v. CITY OF FALLS CHURCH, Virginia.

Court of Appeals of Virginia.

September 6, 1988.

Attorney(s) appearing for the Case

John J. Brandt (Robert S. Corish, Merrifield, on brief), for appellants.

David R. Lasso, City Atty. (B.R. Hicks, Springfield, on brief), for appellee.

(Mark A. Barondess, Vienna on brief), for appellee, amicus curiae: Commonwealth Womens Clinic, Inc. and West Broad Associates.

Before BARROW, DUFF and KEENAN, JJ.

BARROW, Judge.

In this criminal appeal we decide that necessity is not a defense to a charge of trespassing on the premises of a women's medical clinic in order to give anti-abortion literature to patients considering an abortion. The defense of necessity is not available to these defendants since there were reasonable and legal alternatives to their violation of the law.

The defense of necessity traditionally addresses the dilemma created when physical forces...

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