State v. Aver

745 P.2d 479, 109 Wash. 2d 303
CourtWashington Supreme Court
DecidedNovember 5, 1987
Docket53390-3
StatusPublished
Cited by70 cases

This text of 745 P.2d 479 (State v. Aver) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Aver, 745 P.2d 479, 109 Wash. 2d 303 (Wash. 1987).

Opinions

Goodloe, J.

Defendants (petitioners) raise various challenges to their convictions under RCW 81.48.020, which makes it illegal to willfully obstruct or delay a lawfully operated train. Defendants' main challenge is that the term "lawfully operated" renders RCW 81.48.020 unconstitutionally vague. We uphold the statute and affirm their convictions.

The facts are not disputed. In Clark County District Court a jury convicted defendants of obstructing or delaying a train in violation of RCW 81.48.020. The train which defendants were convicted of obstructing is often referred to as a "White Train" or "Death Train" and is believed to have been carrying nuclear warheads to the naval submarine base at Bangor, Washington. The arrests occurred as the train attempted to pass through Vancouver, Washington. Approximately 200 to 250 people were protesting the train's passage. A number of the protesters impeded the train's passage by getting onto the train tracks. None of the defendants had permission to be on the Burlington Northern tracks. After three warnings, the Vancouver City Police removed and arrested any person who refused to move off of the tracks.

The Clark County Superior Court affirmed the defendants' convictions. The court held that RCW 81.48.020 is not unconstitutionally vague because the statute provides sufficient minimal guidelines such that law enforcement personnel or other persons of reasonable understanding could determine what is proscribed. The Court of Appeals accepted discretionary review pursuant to RAP 2.3(d). Thereafter, the matter was certified to this court pursuant [306]*306to RCW 2.06.030. Some of the defendants are represented by counsel; others represent themselves.

I

We address whether RCW 81.48.020 is void for vagueness. RCW 81.48.020 provides:

Every person who shall wilfully obstruct, hinder or delay the passage of any car lawfully operated upon any railway, shall be guilty of a misdemeanor.

(Italics ours.)

Defendants argue that the unconstitutionality of RCW 81.48.020 arises from the patent ambiguity of the term "lawfully operated". The challenged term is not defined by statute or court interpretation. Thus, defendants contend that a criminal conviction under the statute necessarily involves an arbitrary or ad hoc determination of the prohibited conduct. Defendants reason that because the definition of an element of the crime must be supplied by guesswork, the statute is clearly void. Pro se defendant further submits that the trial court improperly excised the words "lawfully operated" from the statute. The court ruled that the statute was not vague because it clearly prohibited "obstructing, hindering or delaying of a railway car." Clerk's Papers, at 37.

To assist in determining whether a statute is void for vagueness, the following rules of statutory construction are relevant. "A statute is void for vagueness under the Fourteenth Amendment if it is framed in terms so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application." Myrick v. Board of Pierce Cy. Comm'rs, 102 Wn.2d 698, 707, 677 P.2d 140, 687 P.2d 1152 (1984); see also Papachristou v. Jacksonville, 405 U.S. 156, 162, 31 L. Ed. 2d 110, 92 S. Ct. 839 (1972). " [I]f men of ordinary intelligence can understand a penal statute, notwithstanding some possible areas of disagreement, it is not wanting in certainty." State v. Maciolek, 101 Wn.2d 259, 265, 676 P.2d 996 (1984).

In a constitutional challenge a statute is presumed con[307]*307stitutional unless its unconstitutionality appears beyond a reasonable doubt. Seattle v. Shepherd, 93 Wn.2d 861, 865, 613 P.2d 1158 (1980); Maciolek, at 263. In a facial challenge, as here, we look to the face of the enactment to determine whether any conviction based thereon could be upheld. Shepherd, at 865. A statute is not facially vague if it is susceptible to a constitutional interpretation. State v. Miller, 103 Wn.2d 792, 794, 698 P.2d 554 (1985). The burden of proving impermissible vagueness is on the party challenging the statute's constitutionality. Shepherd, at 865. Impossible standards of specificity are not required. Hi-Starr, Inc. v. Liquor Control Bd., 106 Wn.2d 455, 465, 722 P.2d 808 (1986).

No Washington court has directly ruled on the constitutionality of RCW 81.48.020. However, defendants urge that our decisions in previous cases dictate that we hold the challenged statute to be unconstitutional. See, e.g., State v. Richmond, 102 Wn.2d 242, 683 P.2d 1093 (1984); State v. Hilt, 99 Wn.2d 452, 662 P.2d 52 (1983); State v. White, 97 Wn.2d 92, 640 P.2d 1061 (1982); Seattle v. Rice, 93 Wn.2d 728, 612 P.2d 792 (1980); Bellevue v. Miller, 85 Wn.2d 539, 536 P.2d 603 (1975); Seattle v. Drew, 70 Wn.2d 405, 423 P.2d 522, 25 A.L.R.3d 827 (1967).

In Richmond, at 244, for example, the challenged statute provided in pertinent part:

(1) Every person who: . . .
(b) Wilfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his or her child or stepchild . . . shall be guilty of the crime of family desertion or nonsupport.

Citing former RCW 26.20.030(1) (b). We held this statute to be unconstitutionally vague because the "without lawful excuse" element had not been sufficiently clarified by other statute or case authority. Richmond, at 243. Similarly, we held in Hilt that Washington's bail jumping statute was unconstitutional. The scrutinized phrase in Hilt was "lawful excuse".

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Bluebook (online)
745 P.2d 479, 109 Wash. 2d 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-aver-wash-1987.