Alderson and nine other defendants were charged with criminal trespass in the third degree in connection with entering in and remaining in the office of Dr. Joseph, the New York City Commissioner of Health, during a protest. The defendants are all members of an interest group called ACT UP which sought to focus attention on the AIDS crisis. In July of 1988, Dr. Joseph announced that the city estimates for the number of HIV-infected people in New York City were being reduced by half. This was done after examining the methods used by similar cities in deriving their numbers. AIDS activists had reservations about the figures and methodology and were concerned that city funding for AIDS testing, prevention and treatment would be cut. On July 28, ACT UP held a demonstration at the Department of Health. Several demonstrators went to Dr. Jacob's office to schedule a meeting with him. They were directed to meet with other members of the department which the demonstrators deemed to be unsatisfactory.

On August 3, the defendants entered Dr. Joseph's private office without an appointment, disrupting an ongoing meeting. They were told by a uniformed officer not to enter the office. This order was ignored. The defendants interrupted the meeting with shouting, banging on the table and abusive slogans. They also sat at the conference table and at Dr. Joseph's desk. The protesters blocked Dr. Joseph's way when he tried to leave his office. An officer told them that they were trespassing and if they did not leave they would be arrested. When the defendants refused to leave, they were arrested. The defendants believed that their actions were acceptable, and thus they should be acquitted. Decide.