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Big Win in Court Case for Miska the Tabby Cat

Posted on: 26 Oct 2020

Judge finds City of Bellevue had failed to properly update the Bellevue City Code in 2016. TACOMA, WASHINGTON Miska and her owner, Anna Danieli, had a very good day in Court last Friday (October 23rd, 2021).  With local news media present in the courtroom, Danieli’s lawyers successfully argued their motion to Judge Bryan Chushcoff, that the City of Bellevue had failed to properly update the Bellevue City Code in 2016, and as a result, a significant section of the Code that governed the adjudication of Animal Control Cases in Bellevue was invalid. “I am convinced that the City of Bellevue’s Interlocal Agreement is not sufficient to change the Bellevue ordinances with respect to [the Hearing Examiners’ authority]” stated Judge Chushcoff in his ruling from the bench. Danieli’s lawyers had brought a Motion for Partial Summary Judgment seeking a determination from the Pierce County Superior Court that Bellevue’s law was invalid, and to also put a stop to the City of Bellevue, Regional Animal Services for King County (“RASKC”), and the King County Hearing Examiner from taking any further action against Danieli and her tabby cat Miska.  Seeking to have Danieli’s case dismissed, the various government Defendants had brought their own separate Motions for Summary Judgment, but after having ruled in Danieli’s favor on Bellevue’s invalid law and ordering injunctive relief, Judge Chushcoff opted not to currently decide any of the issues brought by the Defendants. The court’s decision has affirmed the position that Danieli’s counsel have taken since the onset of this case, that “the government lacked the legal authority to hear animal enforcement cases arising out of Bellevue because of Bellevue’s failure to update its laws” (as stated by attorney Jon Zimmerman, one of the attorneys representing Danieli). This decision could have an impact not only on other animal owners within Bellevue, but also on those residing in certain other cities in King County. “The effect of the court’s decision today will likely have a broader impact than for just our client, because the court has ruled that the King County Hearing Examiner had never had jurisdiction to hear cases in Bellevue since 2016”, said attorney Jeffrey Possinger, who argued the legal issues related to the Interlocal Agreement between King County and the City of Bellevue, as well as the legal effect of Bellevue failing to update its City Code. The court has directed the parties to present a final order for entry by the trial court in two weeks. We invite you to stay up-to-date with future case developments by following our firm’s related social media channels (@possinger_law_group on Instagram, and miskathecat.com).

Miska the Tabby Cat Headed for Day in Court

Posted on: 16 Oct 2020

Lawyers seek a court ruling to find the City of Bellevue’s City Code to be invalid for Animal Control Cases before the King County Hearing Examiner. TACOMA, WASHINGTON A several year-long legal journey involving Miska, a brown tabby cat in Bellevue, reaches a new stage this upcoming Friday, October 23, 2020; and it may impact many more cases involving pets and their owners residing in the City of Bellevue and other cities in King County.  Miska, a Bellevue family’s pet cat, has been the source of legal wrangling and public attention for years of alleged behavior ranging from reports of trespassing, aggressiveness, and nuisance.  Miska’s family filed their lawsuit in 2019, when it was learned that one of her neighborhood complainants was also the head of Regional Animal Services of King County (“RASKC”). With a trial set for early 2021, attorneys for Anna Danieli (Miska’s owner) filed a Motion for Partial Summary Judgment on September 25th, 2020 in Pierce County Superior Court against King County, the City of Bellevue, RASKC, the King County Hearing Examiner, and other named defendants.  The motion requests that the court should void any of Miska’s alleged violations since 2016.  During this time, King County instituted major changes to the county code, and the City of Bellevue and some other jurisdictions failed to update their respective codes.  By contract, Bellevue pays King County to deal with animal cases within the City of Bellevue.  The Honorable Bryan E. Chushcoff will preside over the hearing on October 23rd, 2020, with oral arguments to be heard at 9 a.m. in Pierce County Superior Court in Tacoma. Miska’s family is represented by the Law Offices of Jon M. Zimmerman, PLLC and Jeffrey Possinger of Possinger Law Group, PLLC.  A perfect storm of legal issues surrounding a government agency’s prosecution of a family’s cat and its owner. A significant number of animal code infraction cases that have been decided since 2016 are based on outdated or missing municipal code provisions. Attorneys for Miska’s family argue that the King County’s Hearing Examiner does not have the legal authority to hear or decide these cases. “We believe the motion clearly sets out how the King County Hearing Examiner has lacked the appropriate legal authority to hear animal enforcement cases arising out of Bellevue because of Bellevue’s failure to update its laws,” said Zimmerman.  “Given the government’s continued prosecution of Miska, we hope the Court will grant the family some modest relief.”   Beyond the motion for partial summary, other issues remain for trial including allegations that a public official, who lived essentially in the same neighborhood as the plaintiff, used the resources of the county’s animal control agency with excessive and unauthorized measures to capture and incarcerate (for more than six months) a cat living in his own neighborhood. Out of approximately 50 infractions involving cats in King County, approximately 37 of these were issued against Miska. The pet’s owners believe Miska was unfairly accused of trespassing, taunting, and killing other pets in the neighborhood.  Other cats regularly roamed the same neighborhood with no apparent action by RASKC. The litigation involves alleged violations issued against Miska by RASKC and Gene Mueller, its manager. RASKC and Mueller previously asserted that a City of Bellevue ordinance passed in 2010 prohibits domestic animals, such as cats, from roaming beyond their owner’s property. In records obtained by Danieli’s attorneys, RASKC staff apparently encouraged Miska’s neighbors to file complaints against the cat as early as 2015 for trespassing on a neighbor’s property.  Since that time, it was discovered Mueller was one of the individuals who had personally filed a complaint against Miska, as well as being a neighbor of the Plaintiff, Anna Danieli and her family. We invite you to stay up-to-date with future case developments by following our firm’s related social media channels (@possinger_law_group on Instagram, and miskathecat.com).

New Opening Conditions Create Potential Data Breach Liabilities for Business Owners

Posted on: 15 May 2020

On May 12, 2020, Governor Jay Inslee approved several Washington counties to move to Phase 2 of the Four-Phase Plan to reopen the state. With this approval, the Governor has released a set of requirements for different business activities, the implementation of which is required as a condition of being able to open business to the public. Among those requirements is the obligation for dine-in restaurants and taverns to create a daily log of all customers. That daily log must also be maintained for 30 days, including the telephone number or email of the patron. Although such a log may prove necessary for health agencies to trace and contact individuals who could have been exposed to COVID-19, collecting such information may expose restaurant owners to potentially severe personal information data breach liability. Although the State of Washington has yet to enact its own Data Privacy Law (the current version of the proposed Washington Privacy Act (“WPA”) failed to pass out of both houses of the State Legislature last session), there are a few rules that, among others, impose liability on loss of personal information (Chapter 19.255 RCW). For instance, Washington law requires every person or entity that conducts business in Washington to provide notification of any breaches of collected information to individuals whose information was involved in the breach. Additionally, if the person or business retains such personal information on behalf of a third party, it shall inform such third party in the case of a breach. In light of these new obligations to collect data, if you conduct a business, you are now required to collect identifying information from your customers – thus making you subject to these data privacy rules. There are, however, several ways to protect this private information from potential breaches. Here are a few suggestions: For a more technology-oriented solution, many businesses use encryption or other electronic security measures. This option uses digital firewalls to block potential intruders from accessing sensitive information. It is important to note that, while generally secure, this solution will not prevent the company from being legally liable, if the breaching person obtains the key to unlocking the security measure. For a more simple solution, businesses can keep information collected for COVID-19 regulation purposes separate from all other information collected about customers. Washington regulations relating to personal information apply only when the individual’s name is collected in combination with an additional data element, such as an account or credit/debit card number, date of birth, driver’s license or other identifying number. To be useful, this solution will require full separation of data, which will prevent potential data breachers from obtaining both data elements. Even without the new requirements set under Washington State’s COVID-19 opening plan, there are various data protection principles and obligations that every business owner, online or offline, must comply with. Be sure to seek the advice of a professional legal advisor in order to ensure that you are in compliance with these rules. = = = = = DISCLAIMER: This blog post, as well as any data and information provided are for informational purposes only. It is not legal advice nor should it be relied on as legal advice. To the extent that this document may contain suggested provisions, they will require modification to suit a particular transaction, jurisdiction, or situation. The law is a rapidly changing subject, no representation is made that everything posted on this site will be accurate, up to date, or a complete analysis of legal issues. Please consult with an attorney with the appropriate level of experience if you have any questions. Review or use of the document and any discussions does not create an attorney-client relationship with the author or Possinger Law Group, PLLC. No attorney-client or confidential relationship is or should be believed to be formed by the use of this site. The opinions expressed here represent those of Jeffrey Possinger and not those of Possinger Law Group, PLLC or its clients.

“Stay Home, Stay Healthy” Order Issued to Combat COVID-19 in Washington State

Posted on: 25 Mar 2020

On March 23, 2020, Governor Jay Inslee issued a “Stay Home, Stay Healthy” Order, a proclamation that functions as part of the State of Washington’s efforts to prevent the further spread of Novel Coronavirus (COVID-19) within the state. The Order will last for two weeks, beginning March 25, 2020 and lasting until April 8, 2020 (although it may be extended, depending on transmission rates). Under the terms of this proclamation, the following is required: Every Washington resident will be required to stay home, unless they need to pursue an essential activity (more information on exceptions and essential services is detailed below). All gatherings apart from “essential activities” are temporarily banned. This includes most social, spiritual, and other community gatherings. All non-essential businesses are to be temporarily closed. The Stay Home, Stay Healthy Order builds on previous state orders that have been issued to combat the spread of COVID-19. Although it effectively closes most businesses and events, the Order and related advisory documents do provide exceptions and additional guidance that should be reviewed carefully by business owners. Below, we have compiled some of the most important considerations to take into account, when determining a plan of action. Does your business qualify as “essential”? If it’s not clear whether your business qualifies as an “essential business”, please contact the state or your attorney right away; they can provide expert guidance in this determination. Furthermore, even if your business is not currently considered “essential”, businesses who offer otherwise vital services to the community can submit a request for special designation as an “essential business.” What should you know if your business is covered by the “essential business” exceptions? If your business falls into one of the “essential business” categories, consider contacting your attorney for guidance on how best to continue operating under these conditions, and to comply with ongoing regulations for businesses that continue to operate. Legal counsel can provide specific recommendations, including preparation of a letter for your employees to use while they are outside of their home or business (traveling by car, bus, bike, on foot, etc.) that verifies their purpose for being outside or working during this time. We can also help draft internal communications for distribution to your employees, relating to continued operations under this order. What should you know if your business is considered “non-essential”? Legal counsel can also provide specific recommendations for non-essential businesses, including continuing limited operations, implementing remote work policies, temporary closures, and walking employees through any temporary business changes. Contact Possinger Law Group For purposes of this current order, Possinger Law Group is considered an “essential business” and all of our staff continue to work remotely. Our firm is here and ready to help you navigate these uncharted waters and this unprecedented business environment. Contact your Possinger Law Group attorney directly, or call us at 206-512-8030 for assistance.

Responding to the COVID-19 Pandemic for Washington Businesses

Posted on: 17 Mar 2020

At the time of this article’s release, it is clear that the Novel Coronavirus (COVID-19) pandemic is having and will continue to have a significant impact on the economy, effecting businesses of all kinds – particularly small businesses. To survive, there is an important sentiment to remember: Nobody ever regrets making fast and decisive adjustments to changing circumstances. The current pandemic presents both operational and legal issues for small- to medium-sized businesses; which are the primary clients of Possinger Law Group. Here in Western Washington, which has been a particularly affected by the COVID-19 pandemic, businesses have found themselves needing to respond quickly to emergency regulations and public health orders. This rush to adapt has directly impacted business operations, and the widespread decrease in economic activity has further changed the way that businesses must operate to sustain themselves. Over the past week, questions that our firm has received have fallen into three basic categories: Compliance with Public Health Orders and Emergency Regulations, Handling Employees, Contractors, and Keeping the Business Operating, and Impacts on Existing Contracts and Ongoing Business Obligations. The following is a quick outline of the issues that businesses should be reviewing, assessing, and acting upon to protect critical relationships (i.e. employees, customers, suppliers, and the community at large) and remain successful during these unprecedented times. Every business is unique in its needs and resources, but principles listed in this article will be helpful for all business entities. All of these items address key issues in: (1) Safeguarding the Upstream (Supply Chain) of the business, (2) Assisting the Downstream (Customers/Demand), and (3) Protecting the Organization (Employees, Contractors, and Operations). An honest assessment of the business, its operations, its environment, and present threats requires careful thought and strong communication. The themes that we outline below will give businesses a strong starting point to effectively respond to the COVID-19 pandemic. Stay Informed. More than ever, it is crucial that business owners and managers remain well-informed as the situation rapidly develops and changes. It should be expected that circumstances will change daily; and though emergency declarations and public health orders have been put into place until March 31, 2020, businesses should anticipate that these will change and possibly be extended until the emergency situation ends.  Remain Compliant with Emergency Regulations and Public Health Orders. As of March 16th, 2020, the State of Washington has imposed significant restrictions on businesses of various kinds, including the closing of restaurants, bars, and other businesses focused on recreational activities. Regulations are coming out on federal, state, and local levels. Businesses should visit the Seattle/King County Public Health’s COVID-19 Page often to keep current on the status of these regulations. In addition to providing a possible safe-harbor defense to certain business decisions (i.e. reliance on WHO, CDC, and DOH guidance), avoiding penalties for violation of these regulations is of utmost importance, as violations of emergency proclamations and public health orders are gross misdemeanors. Be Prepared to Improvise and Adapt to the Environment. Businesses that want survive (and thrive) in this environment need to approach the ongoing situation with flexibility and a willingness to improvise and adapt. It is essential that businesses not only seek approaches that avoid threats and risks, but also find opportunities to serve customers and maintain the continuity of operations and services. Prioritize Workplace Concerns and Employee Safety. Human resources, including employee safety, is an essential part of every business. When it comes to the COVID-19 pandemic, employee safety and compliance with employment laws are an essential element of a business’ response. One of the first steps of a comprehensive response is figuring out if you are dealing with an independent contractor or an employee. If you are dealing with a contractor, then your actions are likely going to be informed by the terms of your agreement with that individual or other business. When dealing with employees, other issues are implicated, which are detailed below. As a matter of Federal Law, Section 5(a)(1) of the Occupational Safety and Health Act (“OSHA”) imposes a duty on businesses to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm. Washington’s corresponding statute (“WISHA”), along with other statutory and common laws, imposes duties on businesses regarding the spread of infectious diseases. It has been recommended that businesses adopt policies permitting ill employees to work from home, or send employees home if they disclose that they are experiencing symptoms of COVID-19. There are also ADA and other privacy obligations that come into play here, where legal counsel is essential. Businesses should consider that, before disciplining or terminating an employee who misses work out of fear of contracting the virus, they should consult legal counsel. Some courts have found that a public policy exception to at-will employment provides a cause of action to employees terminated for missing work under conditions that pose a risk of communicable infection. It is not clear that this is the case in Washington at this time, but because of the extraordinary nature of the COVID-19 pandemic, businesses should take care with regard to employment issues. Furthermore, Washington businesses should ensure their compliance with applicable state and local sick leave laws, and be prepared to notify eligible employees of their rights under the Family Medical Leave Act and Washington’s Paid Family and Medical Leave laws. In light of the COVID-19 pandemic, employers are required to monitor the health of their employees daily (for COVID-19 symptoms), and both CDC and DOH guidance encourages work-from-home policies to promote the “social distancing” required to combat the virus and its spread. Communicate with Critical Suppliers. Businesses should assess the potential impact of any delays or disruptions to delivery of critical supplies, materials, and parts. Businesses should contact their suppliers to determine what level of inventories they are carrying and what actions they are taking to prevent disruption to routine deliveries. This is especially true for businesses with supply needs in industries that have been hardest hit by the pandemic, such as retail, food, and transportation. Furthermore, businesses […]