Date: 201507
Local time of day: 1801-2400
Location: ZLA.ARTCC, CA
Flight conditions: IMC
Weather elements / visibility: Thunderstorm
Light: Night
Aircraft: Light Transport; Low Wing; 2 Turbojet Eng
Operator: Corporate
Operating under: Part 91
Flight plan: IFR
Mission: Passenger
Flight phase: Cruise
Airspace: Class A ZLA; Special Use W289
ATC / advisory: Center ZLA
Second aircraft: Large Transport
Reporter organization: Government
Reporter function: Enroute
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Communication Breakdown; Situational Awareness; Troubleshooting; Workload; Distraction
Anomaly: ATC Issue All Types; Airspace Violation All Types; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter Weather / Turbulence
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Provided Assistance; Flight Crew Returned To Clearance; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Human Factors; Procedure; Weather; Airspace Structure
Primary problem: Weather

Narrative: I was working sector 13; adjacent to sector 14 in which the incident occurred. The day had already been filled with numerous weather deviations and unusual routes. When precipitation cells began to cover most of sector 14; it became clear that all arrivals to [multiple airports] would have to deviate well out over the ocean before proceeding toward SXC for an approach from the South.  P-lead had control of W289S AOB FL600 at the time. Several CPC's informed the supervisor that we would need to recall the airspace; or at least part of it; to accommodate weather deviations. I was told that when the supervisor called; the Operations Manager (OM) would not call the military to request any airspace back. Sector 14 attempted to get a transit request with Range Control Operations (RCO) for the two aircraft in question; but it was denied due to live firing activity. The pilots of the two aircraft were adamant that they could not fly away from the airspace due to weather. Another CPC talked to the OM; but the OM apparently still would not request any airspace back from the military. The R-side at sector 14 [had] the two aircraft squawk 7700. They both came within 3 nm of W289S; but stayed outside its boundary.Our area is probably least impacted by weather out of any area in the facility; so these situations have probably occurred elsewhere more frequently; and someone else probably has 'the big picture.' Also I understand it is a costly choice to tell the military to cancel or abort an exercise. However; if the FAA is going to tout safety first; they should have managers that believe that philosophy as well. It is our airspace and we delegate it when able.  If airliners need it back due to weather; there should be no question. The military rarely uses 100% of their delegated warning airspace at any one time. We could have gotten a sub-area; or certain altitudes; or even approval up to the boundary; but from what I was told no one would make that call. It is abhorrent service to have pilots forced to choose between flying into a thunderstorm and flying into a live firing area.




Synopsis: ZLA Controller reports of weather in the area and two aircraft that have to deviate. The deviation takes the aircraft into a restricted area. Controller attempts to get the area released for the two flights but is told unable. The aircraft deviate within three miles of the airspace.