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Washington Lawmakers’ Hard Work Over the Last Legislative Session

Posted by David Brown 
· April 18, 2023 

Lawmakers in Washington are back to working on the legislation that didn’t make it in time for a key cutoff deadline. They’re working in committees and many of the bills that didn’t receive a floor vote aren’t going to be included in this session.

House Speaker Laurie Jinkins (Democrat out of Tacoma) stated that she’s satisfied with the floor action that went on over the last week and a half. Numerous bills passed and many of these had bipartisan support. Some of the bills seeing progress include those that increase supply of housing and support workforce development, especially when it comes to nurses. Jinkins said that she asked her caucus at the start of the session to focus on recognizing common ground. Though this went relatively well, there were some policy losses and wins between the parties on topics such as abortion, public safety, and the environment.

A Split on Public Safety Bills

Lawmakers couldn’t agree when it came to new regulations on gun sales. One bill in particular did advance, which restricts use and sale of semi automatic rifles and other high-capacity firearms. Another bill that makes it mandatory to get safety training and puts into place a 10-day gun sale waiting period also moved forward.

The Senate did approve a bill which makes gun sellers and manufacturers legally liable in the instance that the weapons they make available are used for illegal purposes.

One bill that somewhat eases parameters for police pursuits (including when they are able to chase vehicles) was approved on the last day before the cutoff for the session. This only serves to keep the debate going on this matter. Republicans are in favor of taking the bill farther and hoping that it will be changed more upon going through the House.

Additional Bills Advancing

There are some other bills that are moving forward currently. One of them (Senate Bill 5536) is to enhance drug possession penalties and build upon state infrastructure for stronger addiction treatment. The bill for the use of psilocybin from “magic mushrooms” has passed with important changes from the initial version.

This session is considered to be a crucial one with housing. House Republican Leader J.T. Wilcox (Republican for Yelm) claims that this is a solid year for housing and that both parties have been committed to putting forth bills to build livable space. No rent control bills passed before the deadline, but debates on these housing matters will continue in future years.

Other bills in this legislative session and ongoing bills include ones for more environmental protections, healthcare including for gender-affirming care and abortion, state special education oversight and funding, and how the state handles domestic violence.

Follow further news on legislative sessions to find out what bills are being proposes and which will continue to advance.

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Federal Lawsuit Filed Against Norfolk Southern by the State of Ohio

Posted by David Brown 
· April 13, 2023 

The train disaster in East Palestine, Ohio has been devastating for the small town, and the vast majority of people are adamant that Norfolk Southern, the train company responsible for the train, should bear total responsibility for all the consequences following the accident. While there has been a tremendous amount of rhetoric in the media, it appears that legal action is now taking place. The Ohio Attorney General, Dave Yost, announced that he had filed a federal lawsuit against the company, stating that the state should not have to bear any of the financial responsibility for the glaring negligence of the train company.

More than a month ago, a Norfolk Southern train was carrying hazardous chemicals, including butyl acrylic and vinyl chloride, when it derailed in the small town. The cars immediately caught fire, residents were exposed to a variety of toxic fumes, and a significant portion of the town was forced to evacuate.

The train crash turned into an environmental disaster, spilling toxins into the surrounding environment, and causing incalculable environmental harm in the process. As of now, Ohio is seeking at least $75,000 in damages, but that amount is likely to climb much higher.

While accidents happen from time to time, they are absolutely tragic when they are preventable. There are numerous regulations in the transportation industry that train companies have to follow, but many of these regulations have been scaled back due to aggressive lobbying and an effort on the part of training companies to cut their overhead expenses. It remains to be seen whether Norfolk Southern overlooked the train regulations that still remain, but the reality is that the town, and its residents, have suffered tremendously as a result of the accident.

In public, Norfolk Southern has stated that they are prioritizing the cleanup process and that their goal is to rectify the situation. At the same time, the company is already facing a tremendous amount of pressure from the Transportation Secretary and the Environmental Protection Agency, as both organizations have said that they are taking control of the cleanup process and that they will hold the train company accountable. In the meantime, the residents continue to fear for their safety.

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Everything You Should Know about Washington Family Law

Posted by David Brown 
· April 11, 2023 

What Are the Requirements for Marriage in Washington?

In the state of Washington, family laws prohibit some people from marrying each other for legal and health reasons. These family laws do not provide any protection for these marriages. Some of these prohibited kinds of marriage may be illegal, like a marriage between a minor and an adult.

The requirements for marriage in the state of Washington are as follows:

  • No current marriage to a third party
  • At least 18 years old or older
  • No familial relation to each other that is closer than second cousins

How Does One Obtain a Marriage License in Washington?

The license represents legal recognition of one’s marriage. This legal recognition helps one qualify for tax breaks and family insurance. The couple has to either go to a county auditor’s office in person or request a marriage application by mail from a county auditor in Washington.

This is the case even for couples who are not Washington state residents. One can apply for a marriage license in any county in the state of Washington. The couple has to wait for three days after they get their marriage license before they get married. After this waiting period has ended, the marriage license is valid for a total of 60 days.

What Are the Divorce Requirements in Washington?

Washington does not require any sort of fault grounds for a divorce. This is different from many other states. If one person in the married couple is a Washington resident or both people are Washington residents, they may file for divorce 90 days after petitioning to do so.

However, they can only file for divorce if the court agrees with the assertion that the marriage is irreparably broken. Additionally, both people in the couple have to agree that this is the case, as well. If the court does not agree with this evaluation, they might order the couple to undergo marriage counseling or send the case to family court.

How Is Community Property Distributed in Washington?

Washington is a community property state, meaning that all debts incurred, income received, and property bought during a marriage is shared. As a result of Washington being this kind of state, it means that all this is distributed equally between the two people in the marriage. The court makes the ultimate decision about dividing property and considers four factors when doing so:

  • The length of the marriage
  • The amount of separate property and the portion of that property each spouse owns
  • The amount of shared property and the portion of that property each spouse owns
  • The economic situation of each spouse and how desirable it is to award living rights or the family home to the spouse who has primary custody of the couple’s children

Inheritances and gifts one spouse got during the marriage and separate property owned prior to the marriage belong to the category of separate property. In the event that the other spouse had an ownership claim to any kind of separate property, the court will consider it for distribution.

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Involved in an Auto Accident Injury, Don’ Go it Alone.

Posted by David Brown 
· April 6, 2023 

Hiring a personal injury attorney as your legal representative after you have been involved or injured in a car accident is among the most important decisions regarding that event.

The Benefits of Legal Representation

Even if you are fortunate enough to avoid sustaining any serious or long-lasting injuries, a personal injury attorney has the education, skill, and experience to level the legal playing field – especially when your opposing party is a larger insurer with a team of lawyers.

As your voice, advocate, and legal representative, your lawyer can –

  • Assess/recreate the scene to determine the details/cause of the auto accident.
  • Gather the appropriate documentation in support of your claim – this may include medical records, eyewitness statements, police reports, and more.
  • Guide and advise you on how to best navigate the state’s shared-fault rules, which may impact your lawsuit’s outcome.
  • Respond to the opposing party’s counsel’s correspondence and legal motions.
  • Utilize the law to your benefit.
  • Determine your available timeframe, which is defined by the relevant Statute of Limitations (time restrictions for filing a lawsuit). There are, however, certain situations that fall outside this legal time limit as a defined exception. An example of an exception is when the plaintiff is a minor.

And while these types of lawsuits rarely require a final courtroom showdown, just the filing of a legal action by a qualified auto accident attorney can play a valuable role in prepping the case or negotiating for a fair settlement or, if necessary, bringing the case to trial to advocate on your behalf and the facts.

An Auto Accident Attorney Helps Guide You to Your Best Possible Outcome

An auto accident or personal injury lawsuit can become complex, overwhelming, and time-consuming – which, even if you have the ability to manage this legal process, is the last thing you have the time and patience for after you have been involved in a car crash.

Choosing to allow an experienced attorney to handle this type of matter helps reduce the burden and stress a legal matter often creates. And, with less worry, you can focus your energy on recovering from any injuries sustained in the accident.

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Supreme Court Ruled Constitution Protects the Right to Carry a Gun Outside Of Your Home

Posted by David Brown 
· April 4, 2023 

On June 23, 2022, the Supreme Court struck down a gun law in the state of New York that restricted practicing concealed carry of a firearm outside of the home. This Supreme Court ruling was the most significant gun rights expansion in an entire decade. The opinion of the Supreme Court on this issue altered the framework lower courts use when examining other gun restrictions.

Critics say this Supreme Court ruling will get in the way of sensible solutions to gun violence. Five states had or have similar regulations. These five states include some very densely populated cities.

According to data from the Giffords Law Center to Prevent Gun Violence, 25 states let people carry concealed weapons in public spaces without background checks, permits, or safety training. President Biden stated that he was ‘”deeply disappointed'” with the Supreme Court’s decision.

Critics Brought Up Recent Mass Shootings

Justice Stephen Breyer wrote that the ruling by the Supreme Court “severely burdens States’ efforts” to decrease gun violence in a dissent that he joined alongside the other liberal justices on the Supreme Court. The conservative justices responded that one of the recent mass shootings took place in Buffalo, New York. Additionally, the conservative justices stated that the concerns about the restrictions the law placed on bringing firearms into sensitive places were unwarranted. As is typically the case, the reaction to this Supreme Court ruling was divided based on political viewpoints.

What Was the Reaction to this Supreme Court Ruling?

Gun rights groups interpreted the ruling as a victory for Second Amendment rights and the rights of individuals to protect themselves. On the other hand, gun safety advocates made the argument that the ruling will lead to an increase in gun violence. The Governor of New York, Kathy Hochul, said that the ruling was a setback for the country and for the country’s ability to protect its citizenry. Governor Hochul also said that the Supreme Court’s ruling was “shocking”.

The National Rifle Association, commonly called the NRA, said that the ruling was a “watershed win”. The Executive Vice President of the NRA, Wayne LaPierre, added to this sentiment. “The right to self-defense…should not end at your home,” LaPierre said. As always, gun rights issues remain a controversial and divisive topic in modern American society.

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Social Media Fueling Hate: Are the Advertisers Complicit?

Posted by David Brown 
· March 30, 2023 

There are hundreds of millions of people who use social media on a daily basis, and many people rely on it to stay in contact with their family members and friends. At the same time, social media can be a cesspool, particularly for hatred and bigotry. Now, it appears that the chief of the United Nations, Secretary-General Antonio Guterres, is starting to call out the entire industry for the echo chamber it has created.

Recently, he accused social media platforms, and those who advertise on social media, of being complicit in the generation of racism, sexism, anti-semitism, islamophobia, xenophobia, misogyny, and homophobia. These are powerful words from one of the most powerful individuals in the world, and he has stated that social media companies are using algorithms to keep people glued to the screens as long as possible. That way, they can increase their advertising revenue, and he believes it makes not only social media companies but also advertisers complicit in the generation of hatred.

For a long time, he has spoken about the power that social media companies have because of how many people they can reach in such a short amount of time. He has also called for them to take more action to limit the spread of hatred on their platforms, but he believes that social media companies, and the governments that control them, have not done enough.

He believes that the hate speech and verbal violence on social media platforms have accelerated in recent years, and he believes that it doesn’t take a lot for someone to be inspired to act negatively after seeing something on social media. As a result, he believes that more has to be done.

As we wait for social media companies to respond directly to what he has said, it will be interesting to see what actions social media companies take in the near future, particularly with the next election cycle ramping up in the United States. While social media has the ability to do a tremendous amount of good in the world, it can also cause significant harm when it is used for nefarious purposes. It is clear that more has to be done to limit the spread of hatred on social media.

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Supreme Court Case Could Reshape State Gun Control Laws

Posted by David Brown 
· March 28, 2023 

As the United States continues to grapple with the issue of gun control, a recent Supreme Court case could have a major impact on how states regulate firearms. The case: New York State Rifle & Pistol Association v. the City of New York, centers around a law that prohibited residents of New York City from transporting firearms outside the city, even if they were licensed to own them. The law was challenged by the New York State Rifle & Pistol Association, who argue that it violates the Second Amendment of the United States Constitution.

Historical implications

This is the first time in nearly a decade that the Supreme Court has heard a case concerning the Second Amendment, and the outcome could have significant implications for how states regulate firearms in the future. If the Supreme Court sides with the New York State Rifle & Pistol Association, it could pave the way for more states to loosen their gun control laws. On the other hand, if the Supreme Court upholds the law, it could give states more leeway to regulate firearms.

A precedent with downstream consequences

The issue of gun control has become increasingly pressing in recent years due to the rise in mass shootings and gun violence across the country. This case is being closely watched by both sides of the debate, as the outcome could set a precedent for how states regulate firearms in the future. The Second Amendment is just one aspect of the larger issue of gun control. There are many factors that contribute to gun violence, and addressing them will require a comprehensive approach that takes into account the Second Amendment as well as other laws and regulations.

Significant updates

At the moment, lawsuits are zipping through the courts with congressional leaders from both parties arguing for their stances, this coming from a rash of mass shootings at the start of the year. A new law crafted by democrats will seek to curtail gun violence in sensitive places, including the city’s Times Square, Yankee stadium, and the subway system.

While the nation continues to grapple with one of the most fundamental and consecrated laws in the land, it is important that individuals and business owners alike know their rights. That’s why it will be important to retain a lawyer that is savvy in the most recent updates in case they find themselves facing a lawsuit of their own.

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How a Lawyer Helps in Child Custody Issues

Posted by David Brown 
· March 23, 2023 

Child custody matters in Washington can be overwhelming, so it is essential to seek legal advice early in the child custody process. A child custody attorney has the skills, knowledge, and experience to help you maintain or gain custody of your child.

When to hire a child custody lawyer?

Hiring a family lawyer is not required, although it is advisable because it will likely be among the most important decisions you’ll ever make. It also helps keep children away from messy legal entanglements. Many situations will benefit from legal representation. These include –

  • Abuse or domestic violence.
  • The relationship with your co-parent has become difficult.
  • A co-parent plans to move out of state or has hired a lawyer.

Washington Child Custody Laws

Child custody laws vary by state. In Washington, a court favors the parent who can provide the most stable home and care/supervision, whether married or not. The court also considers-

  • The child’s age and decision-making capacity.
  • The parents’ occupations and their ability to care for the child.
  • The parents’ good/bad habits.
  • Each parent’s living situation and the child’s relationship with each parent and their siblings.

Determining a Child’s Best Interest

The best interest of each child is paramount but different for each. This is why a judge decides which path would be easiest for a child based on the situation’s circumstances.

Can a Child Weigh in on a Custody Decision?

A Washington court will consider a child’s preference if a child is mature enough. This usually refers to children 12+.

Can a Parent Be Deemed Unfit In Washington?

Yes. An unfit parent fails to care for their child and, in doing so, endangers the child’s wellbeing. An unfit parent may be unable to provide financial support for food and shelter or possess a criminal history or substance abuse problem.

Can a Child Refuse Visitation in Washington State?

Child custody orders remain in place until the child becomes of age unless there is a revision to the court order or the child becomes emancipated. While there is no specific Washington law regarding a child’s refusal of visitation, the younger the child is, the more acceptable it is for a parent to enforce visitation orders.

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Has the Me Too Movement Spread To China?

Posted by David Brown 
· March 21, 2023 

During the past few years, there has been a remarkable increase in the number of women who are speaking out about the harassment they have suffered. Some women have been harassed by their family members, and others have been harassed in the workplace. This includes not only sexual abuse but also emotional abuse, physical abuse, and verbal abuse. This has been dubbed the “Me Too” movement, and it has been concentrated in the United States and in Europe. Now, it appears that it might be spreading to China, but it doesn’t necessarily have the results that many people expect.

The power structure in China is very different, and it takes a lot for a woman to speak out and file a harassment lawsuit in a Chinese court. Unfortunately, the numbers indicate that when a woman files a harassment lawsuit in China, she has a chance of being hit with a defamation suit herself.

Between the years 2010 and 2017, according to the New York Times, only 34 lawsuits were filed in China related to sexual harassment in the workplace. Of note, China has a population that is five times out of the United States. Of those 34 lawsuits, 19 of them were filed by the accused, claiming defamation. There are even some cases where the women who file their harassment lawsuits are ordered to compensate the people they accused for the harm they have done or their legal fees.

The result could be catastrophic. Multiple sources in China have indicated that victims are often pressured to stay silent and resolve issues outside of the court system. Furthermore, China may have a slightly different definition of what constitutes harassment, and a greater burden of proof often falls on the person making the accusation, which means that the case is much harder to win.

While the “Me Too” movement has definitely had an impact on Chinese culture, spurring a number of investigations into teachers, bosses, and coworkers, it is obvious that China still has a long way to go to ensure women who speak out have the protection they deserve. Perhaps the increased attention paid to this matter is going to lead to further reforms that protect vulnerable parties in the future.

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The U.S. Women’s Soccer Team’s Gender Pay Gap Lawsuit Prevails

Posted by David Brown 
· March 16, 2023 

In 2016, five U.S. women’s national soccer team (USWNT) members began a series of legal actions requesting equal treatment and compensation from the United States Soccer Federation (USSF). The women’s soccer player’s lawsuit claimed that the USSF’s actions violated Title VII and the Equal Pay Act – by systematically underpaying professional women soccer players (compared to male soccer players).

The above-noted legal maneuvers began with a complaint to the Equal Employment Opportunity Commission. Soon after, Carli Lloyd published a New York Times essay emphasizing and demonstrating how the women’s team in the country, despite its consistently lower salaries, actually generated more revenue for the USSF than the men’s team.

The lawsuit, which, unfortunately, is not the first of its kind, reignited the conversation about gender pay disparities across workplace sectors. The fight for equal pay by the five women soccer players garnered tremendous support across the board. Senator Manchin introduced a bill in 2019 in support, while soccer fans showed their encouragement by chanting Equal Pay – Equal Pay during the FIFA 2019 Women’s World Cup.

Other legal actions included an attempt to void the players association’s required collective bargaining agreement. In 2019, the national team’s roster of players filed a lawsuit asserting gender discrimination by the USSF. The suit detailed the claims of wage discrimination in a variety of ways. In response, the US Soccer Federation issued a statement detailing its plans to support and promote the women’s soccer league.

In February 2022, the U.S. Women’s National Soccer team settled their landmark class action equal-pay suit with the U.S. Soccer Federation for $24 million. This settlement is to be distributed in a manner recommended by the USWNT players and further approved by the District Court. Part of the total settlement ($2 million) will go into an account that benefits USWNT players’ charitable efforts and post-career objectives or goals. Each player has the potential to apply for a maximum of $50,000 from this established fund.

Note – in the 2019 film LFG, Sean Fine and Andrea Nix Fine document the U.S. women’s national soccer team’s uphill battle for equal pay.

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