Downtown Women's Center, P. C. v. Advocates for Life, Inc.

RICHARDSON, P. J.,

specially concurring.

I agree with the lead opinion’s conclusion that, under State v. Clowes, 310 Or 686, 801 P2d 789 (1990), defendants’ conduct could not be exonerated through the choice of evils defense if they had been charged with a substantive criminal offense for engaging in the conduct. Presumably, the reasoning in Clowes is equally applicable to injunction proceedings aimed at prohibiting the same conduct.

However, I think the case should be decided on a different basis. Even if the defense or some analog of it could have been asserted by defendants in the original…