Ask Seattle A Question
Legal
20110127-mkcpgpuyirkfg96ehkwacqpiwi

Ask about tenants rights, contesting tickets, DUIs, wills, etc.

Answers
  • Are bike lanes considered legal lanes under Washington's "your lane plus one" law for how long motorists must stop at crosswalks?
    Qlandav2ex_small

    Your scenario still fits within the description of the applicable WA law governing crosswalks. That is: "Remain stopped...when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning." So remaining stopped until the pedestrian reaches the curb on the other side of the bicycle lane would not be necessary. It could be considered polite, however.

    http://apps.leg.wa.gov/RCW/default.aspx?cite=46.61.235

    RCW 46.61.235
    Crosswalks.
    (1) The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section "half of the roadway" means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway.

  • What are my responsibilities with a DNR order?
    Rex_racer_small

    Ask already. It's on her fridge, it's not a secret. She's probably waiting for you to become comfortable enough to ask about it.

    It applies to anyone with a conscience and who values personal choice- you, EMTs, boy scouts, taxi drivers, anyone.

    There should be several pages that specify answers to your questions about rescue breaths and CPR. DNRs are very customizable - it isnt just a boilerplate YES DNR vs NO DNR -- there are at least 3 DNR base options on the standard hospital form. (Use comfort drugs or dont, intubation ok or no, etc)
    It's important to know precisely what she wants - in case you happen to be the one to be with her at the end.

  • Have you ever been arrested for protesting? Was it a big deal to have it on your record later?
    Min-wage_small

    I was arrested during the WTO protests but never charged, so it hasn't been a big deal for me. As part of the class-action lawsuit any record of the arrest was supposed to be expunged, although I have heard from other WTO arrestees that they have had problems traveling internationally. I did have a WA state background check for a job a few years ago, and as far as I know it didn't show up.

    Being arrested at a protest is almost always a misdemeanor, and usually if it's your first offense you can make a deal to get it taken off your record if you successfully complete probation for a year or two.

    I know if you are planning on going to law school you don't want to get arrested, because of the ethical requirements lawyers have to obey the law. Likewise I could see it being a problem if you wanted to become a stock broker or something like that. A lot of employers are doing background checks now, and I could see a lot of protest arrests being used as a reason to not hire someone.

    The main thing you would want to watch out for is to not fight against the police or do anything that could be considered assaulting an officer. That could be a felony, and you don't want to go there. Likewise leave the pot (or other illegal drugs) at home. Also don't get arrested in federal jurisdiction unless you decide to become a career protestor and want to do time in jail as part of that.

    If you are thinking about risking arrest for Occupy Seattle, I would advise that you try to speak with some long-time protestors before you decide. For one thing a lot of activists will say they will support you, but then after you get arrested they don't show up. I saw this happen a few years ago with some people who got arrested protesting the Iraq War. I was lucky that there was an awesome legal support system set up for the WTO; I don't think Occupy Seattle has that.

    I also think getting arrested should be strategic and more of a last resort. Yes it gets mainstream media attention, but we need to do more than get articles in the paper to enact economic change. Dealing with arrests can be very draining for a movement, and a lot of times grassroots organizing gets sacrificed for media attention. I really, really want a better economy, but I don't think getting arrested in Westlake is going to help that happen.

    BTW I was there yesterday when people got arrested; anyone who thinks that was police brutality is a very privileged white person. Also comparing this to protests in Syria just belittles the bravery of the Syrians who went into the streets knowing they might get shot. Please keep some perspective, people. This is coming from an ally who plans to join Occupy Seattle protests when I can.

  • My boss is a weenie but that's beside the point.
    Qlandav2ex_small

    If that customer left with a printed (or even handwritten) sales receipt that showed the item paid for and the amount charged to his card, then he has proof of payment being made in full. Any additional charges can be disputed under existing consumer law and could be considered credit card fraud as the charges have not been made with the consumer's permission.

    I believe that the business you work is in the position of having to eat the loss. That doesn't mean you might not find a willing consumer to admit that they were undercharged and agree to paying the appropriate amount, if you contacted them and explained the situation. To make a separate charge without their knowledge/agreement or to change the amount charged on the original transaction could certainly be considered fraud. I don't believe that you are in a position of personal culpability for this action but the business you work for is not acting in a honorable or ethical manner in this case.

    I am sorry that you are being put in this position and I would not want you to jeopardize your job by fighting the actions of your boss in this situation.

  • Possession of large amounts of us currency?
    Gold-head_small

    The $10,000 reporting limit applies to bank transactions and coming into the country (and going out, but only because you will simultaneously be going into another country). And it is a reporting requirement only; it's not illegal (though it will attract scrutiny).

    If you're just driving around in your car, or walking from the Baccarat table to your hotel room in Vegas, you're in the clear -- though you're also stupid to be holding that much cash. Put it in a bank. If you're paranoid put it in ten banks, or one bank ten times, $9,999 at a time (the extra tenner is for your cab ride). The person who I would be afraid of searching me in that case is not a cop but a bad guy who just found a guy with a hundred grand on him.

  • Can a business association require its members to donate to its PAC?
    Cappa_small

    Hahaha...everybody knows that one thing business associations are all about is "fairness."

    This is a shakedown and I think whether to fight or to pay is a decision you should at least spread around the responsibility for with others, if not punt entirely and send up the ladder for your bosses to deal with.

    As a private association, their actions are probably legal, as your organization's membership is probably voluntary, but they're definitely shady. But again, I'd try to make your responsibility begin and end with explaining the situation to your boss for further action.

    Good luck.

  • Any other laws that took effect July 1st of which I should be aware?
    Wa_usa_small

    Important caveat to the State Parks rule: If you have a Washington fishing license, you may display the Fish & Wildlife Vehicle Permit that came with your fishing license on the dashboard in lieu of the $30 annual / $10 daily State Parks pass.

    In most cases, it's not going to save you any money. I spent $86 on my fishing license this year, but if you already have a fishing license, you're exempt from the $30 extra fee.

  • What do you have to do to be "legally" married? Can we just sign a license?
    Card_small

    Looks like you need an officiant and two witnesses, and the 'ceremony' needs to be performed in Washington State. http://www.kingcounty.gov/courts/marriage.aspx

    But the ceremony in Washington State need not be the only ceremony. So, pay the license fee, wait the 3 days, find someone to officiate (basically, someone qualified to perform weddings in the state), and have them sign it along with you, your partner, and 2 other witnesses. That's your Washington 'ceremony'. Then turn in the license, and go get married in Arizona, and the Bahamas, and anywhere else you like.

  • Washington's pesky alcohol/nudity prohibition laws
    Avatar_default

    It's in the administrative code:
    http://apps.leg.wa.gov/wac/default.aspx?cite=314-11-050

    The WAC consists of the rules government agencies make, based on the regulatory authority given to them by the legislature in the RCW.

    So the liquor board itself would need to change the rule. But an act of the legislature or an initiative could force them to do so. Personally, I think strip clubs gross out a sufficient number of otherwise liberal-minded voters that, combined with the more traditional moralists, there's not much chance of an initiative or legislative solution. The best bet is probably appealing to the board directly. Although this is still pretty unlikely, as an unelected and ostensibly non-partisan body they are perhaps in more of a position to listen to reason. You might need to come up with a better public policy reason than "I wanna see genitalia and drink beer" though, even as compelling as you and I might find it.

    The issue with the court case in Maryland was that the law had an immensely vague definition of "adult entertainment" that didn't have anything to do with nudity. The decision wasn't that nudity in the strip clubs was protected by the 1st amendment, but that other things that ARE protected could be caught in the law's vague definition (among other things, it was speculated the Baltimore Ravens could be so labeled because of the butt-patting). Unfortunately, this probably has no bearing on the situation here, where the rule is very specific and goes into great anatomical detail.

  • What is the best way to fight a cleaning charge on an apartment?
    Qlandav2ex_small

    The Landlord Tenants Law in Washington is very clear about security deposits and the disposition of the same. I realize you didn't pay one. The whole idea of a deposit is to cover these kind of charges. I suspect that by not doing that they didn't have much to stand on besides the threat to your credit rating and bullied you into it.

    Having a walk through with them and getting them to sign something as to the state of the place before you walked away would have been a good idea. But having said that I am not sure how legal their threats and charges are.

    By a 1985 decision the Washington State Attorney General's Office cannot be involved in individual cases of landlord tenant disputes but they have a great resource page for finding help in these matters. I still think that calling them and talking to one of the folks there would be a good idea because this may indeed be a scam and equate as abuse that they would want to know about.

    You will probably have to take the company to small claims court to try to retrieve your money. I don't know how successful that would be.

    http://www.atg.wa.gov/

    specifically:
    http://www.atg.wa.gov/ResidentialLT/default.aspx

  • Does anyone actually work at the Seattle Tenant's Union?
    Qlandav2ex_small

    Actually the time alloted to the landlord to give you a full accounting and/or return of your deposit is 14 days.

    See: http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.280

    Within fourteen days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within fourteen days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. The landlord complies with this section if the required statement or payment, or both, are deposited in the United States mail properly addressed with first-class postage prepaid within the fourteen days. The notice shall be delivered to the tenant personally or by mail to his or her last known address. If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the fourteen days or that the tenant abandoned the premises as defined in RCW 59.18.310. The court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or arbitration including a reasonable attorney's fee. Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of the tenant's damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorney's fees.

    Also be sure to search this master listing of WA Landlord Tenant Law:

    http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18

    The Specific Publication of this law and Seattle is published here:

    http://www.seattle.gov/dclu/Publications/cam/infofortenants.pdf

    It is searchable by keyword, so plug in the word "deposit" and see all of the applicable parts.

  • If I posted a nude photo of myself as a child, would it be considered distribution of child porn?
    1300740018-lenin5_small

    When we look at current judicial review of such issues, minors have been prosecuted for distributing child pornography of THEMSELVES. There has been a few cases, I can't remember off the top of my head what was the outcome of the court cases. They usually involve sexting issues.

    The issue of Child Porn goes beyond harming a child, it also deals with the age old argument, does pornography promote rape/the acts in the pornography. Now in this case, posting yourself as a child would in some minds promote Child molestation and rape. According to some district attorneys this is the reasoning behind some of the prosecution of minors for distributing photos of themselves (along with actually making other children stop sending photos).

  • Legal advice regarding parking tickets issued by the University of Washington
    Labcoat_small

    I was once in a similar situation with the UW. It was only one ticket though. I paid it.

Questions
Recent Comments
  • Comment on Alex J. Higgins's answer…
    05-01-06_1814_small

    I called, and left a message politely asking him to schedule a visit to see the problem. His greeting message is that he is no longer scheduling appointments, and will be closing in two weeks. I will call again, but it appears from here that he wants to quietly fold up shop and disappear.

  • Comment on Alex J. Higgins's answer…
    Spaceship_small

    May I suggest you speak with the contractor in person or directly, to see what he's willing to do for you before you go to extremes? If he's at all responsible, he'll want to understand and make adjustment. But you're right to review your options. Just don't go there right out of the box. He might be a nice guy who needs an opportunity to set it right.

  • Comment on Alex J. Higgins's answer…
    Img_5852_small

    Oh, also, if he is a BBB accredited business, then he has agreed to handle all disputes through their arbitration/mediation process. So you can check to see if he's accredited http://alaskaoregonwesternwashington.bbb.org/Find-Business-Reviews/ And then, if he is, you can file a claim through the Better Business Bureau.

    Also, I just wanted to say, the best solution is that you two will be able to come to an amicable agreement. So hopefully he will call you back and you guys can agree on what seems like proper restitution (generally a contractor would prefer to repair the problem than just issue a partial refund. And that should be an acceptable solution, if he is interested). So, hopefully he will return your call and none of the rest of this will matter. Good luck!

  • Comment on Alex J. Higgins's answer…
    05-01-06_1814_small

    Great advice, thanks to both of you. The dollar amount is not very high (this is a case of it's the principle of the thing).

  • Comment on Alex J. Higgins's answer…
    Img_5852_small

    Hopefully he will contact you and make it right. If not, there are some options...

    You can put a claim against his bond, but depending on the situation, there may be others doing the same thing. You can check his contractor's status and details on the L&I website (which is pretty helpful, actually). http://lni.wa.gov/TradesLicensing/Contractors/HireCon/ Use the Look up a contractor link, enter his name or partial business name. Then you'll get a screen with all the details. If you scroll towards the bottom, you'll be able to see if there are any current summons/complaint information (the heading is in super tiny print, and in bigger letters this section begins with "CAUSE"). I mean, there's only so much "bond" to go around. This site should also let you look up the AMOUNT of the bond. It might be $5,000 but depending upon the type of construction and types of projects they do, it might be $10,000 or $12,000 (or even more), so that means a slightly bigger pie to go around.

    Additionally, provided it's a small enough amount (less than $4,000, I think) you can take him to small claims court. No lawyers allowed, just you and the defendant pleading your case.

    If it's more than $4,000 and you want to pursue legal action, it means real court. And, depending on why he's going out of business, this may not be worth your time. If he's declaring bankruptcy and/or hugely in debt, you can definitely join the long line of people owed money, but you probably won't see much in the end.

  • Comment on Russ Campbell, NWEBS's answer…
    Qlandav2ex_small

    Please accept my compliments for finding a very honorable way of handling this situation. I think indirectly you taught a very good lesson to your boss. You kept you own principles intact. The only person that comes out bad here is the fellow that decided to take his serendipitous windfall and run. He was already prepared to pay the known sales amount, so we know he could of done so. The price of the ultimate change in karma here will be charged to him.

    BTW, thanks for the Shroom.

  • Comment on ozchick's answer…
    Qlandav2ex_small

    I remember on family vacations in the late 50s watching my father add up the restaurant check and calling the waitress over to the table to tell her she had made a mistake in his favor. When asked why he didn't just pay the lower amount he replied that "someone was going to end up paying that lost amount" and he knew it would be the waitress, which was not fair as we had eaten the meal and owed what should be charged. That was a huge lesson to learn by simply observing my father's actions.

  • Comment on ozchick's answer…
    Enso_circle_small

    Hey, you are talking to the woman who has more than once returned to shops to say I've been undercharged and offer to pay the balance. To be greeted, for the most part, with astonishment!

  • Comment on Russ Campbell, NWEBS's answer…
    Kali_small

    I'll give you the update, Russ! I did not just go ahead and charge the customer, but I did go to some length to have his bank contact him and ask him to contact me if he was interested in paying what he owed. Never heard from the guy (shocker!).

    As for my boss, I spoke to his better nature and acted as though he never made such a sleazy request of me. I played it as though he asked me to pursue any means *within the law* to recoup the stinkin' $70 and the boss wasn't lowlife enough to restate that I should just bilk the customer.

  • Comment on ozchick's answer…
    Kali_small

    Yes, I'm in accounting and since we don't have a designated position for someone to perform credit card fraud it just fell to me! It's so obviously the wrong thing to do (and *I didn't go through with it!*) but my business sense sucks-- I basically hate taking money from anybody, I could never work in sales... Ever get the feeling the whole world is corrupt and the dumb bunny, Miss Naive-pants, shall slip between the cracks and disappear into oblivion because of her sense that theft and fraud is wrong...?? Anyway, so I had to take a survey and I'm relieved all the QL answers were of the moral, upstanding variety.

    Let me also add: dig this BS-- the under-charged customer's bank rep even asked me why I don't just charge his card. I said, "He didn't sign for that amount. It would be fraudulent." The bank rep was all, "Oh, yeah, you have a point there." What's wrong with people?? Jeeze.

    There's even more ridiculousness but I digress. Just, thank you to any nice people who are reading these words-- thank you for being nice, honest, good...!!

  • Comment on Russ Campbell, NWEBS's answer…
    Qlandav2ex_small

    OK, I feel your discomfort in approaching her to talk about it. So you are seeking the right information and know the next best source. You have expressed the best resource you have in talking to her daughters. I would encourage you to do that as soon as possible, even if your next visit is sometime in the future. Get your questions answered, get clear, have a plan in your mind of what you will do if present at a time of life crisis.

    When/if that time comes, grab a phone (best yet, just make it a policy to have your cell with you) and get to her with your means of outside contact in your hand. That way you don't have to leave her. Personal contact, hand holding and face close to hers with reassuring words that you are there (even if she appears unconscious) will be your actions. What happens in those moments will stay with you forever - have it thought out ahead of time so you can act and follow through the way you want to and know is best without the stress of the moment befuddling you.

  • Comment on RacerX's answer…
    Subcultureoftwo_small

    Good idea. Don't want ambiguity there.

  • Comment on RacerX's answer…
    Rex_racer_small

    Sounds like a much older form. If youre proactive, give a call to the nearest Hospital and ask to talk to the Palliative Care doctors - they'll get you in touch with a proper thorough form. Or visit a lawyer and help her set it up there. Dying isn't simple. One person's heroic CPR is another person's basic good samaritanism.

  • Comment on Russ Campbell, NWEBS's answer…
    Subcultureoftwo_small

    I agree, this is a totally fabulous opportunity Problem is, I don't want it. Talking about end-of-life measures wouldn't bother me with practically anyone else (like my own cursing, meditating, nude-beach grandma), but with my husband's grandma, my psyche just goes screaming for the hills. I don't know why I have this block with her, but I do.

    She's extremely close with her daughters (my husband's cool aunts), so I might check in with them first and see if they have the details. If not, reconsider.

  • Comment on RacerX's answer…
    Subcultureoftwo_small

    Nope, this is just a single half-sheet taped on the fridge that has DNR checked off. All it specifies is that no "heroic" measures are to be taken...nothing about drugs or intubation at all. Very vague.

    The thought of bringing this up with her makes me want to claw my eyes out, and I'm really not exaggerating all that much. It wouldn't bother me with anyone else, so I don't know why it would with her. I may check in with one of her daughters first, since they're really close and they probably have the details.

  • Comment on ozchick's answer…
    Rex_racer_small

    I agree.
    You can always report the boss to the employers corporate office (if that applies) and the AG's office too if you dont feel like talking directly to them would have any traction.

    Hey, if you arent the salesperson, why are YOU being asked to charge this - do you work in accounting? I'd pass the ball laterally back to the salesperson if the boss keeps insisting. The worst part is, if someone does push this through, there's no stopping the boss from doing it again and again.

  • Comment on Russ Campbell, NWEBS's answer…
    Ozomahtli_small

    I agree that this is a good conversation to have. Old people are generally much less freaked out about death than young people.

  • Comment on Kip Waddle's answer…
    0prr6_small

    It is a great question and you are smart to not take it lightly. You should really talk to her about it though.

  • Comment on Kip Waddle's answer…
    Subcultureoftwo_small

    Oh believe me, I have nothing but support for a DNR request. I might do the same thing one day. I just want to make damn sure of what I'm expected to do and not do, lest I be accused of not respecting her wishes, or letting her die when I was expected to step in.

  • Comment on Griffin's answer…
    Wa_usa_small

    This is very good advice. What Griffin said.

  • Comment on Fnarf's answer…
    Froggyskull_3_small

    Fuck whoever thumbed down Mahtli69's response. That was absolutely correct. (Probably Randi - this answer is the least deserving of a mushroom. Sorry Fnarf, but you got this one way wrong.)

  • Comment on Fnarf's answer…
    Avatar_default

    I give you a mushroom and that's the thanks I get? ;) no sweat, it's the new economy

  • Comment on Fnarf's answer…
    Ozomahtli_small

    Depositing the cash in 10 banks or on 10 different days to avoid reporting is illegal.

  • Comment on O my captain's answer…
    Rex_racer_small

    As an employer, Arrests alone are hard to find if they didn't make the paper

  • Comment on Fnarf's answer…
    Gold-head_small

    In that case, I hope you get taken down.

  • Comment on Fnarf's answer…
    Avatar_default

    To some extent we would be considered the "bad guys".

  • Comment on Matt from Denver's answer…
    Froggyskull_3_small

    Didn't mean to neglect mentioning Mahtli69... good answer there, too.

  • Comment on Fnarf's answer…
    Froggyskull_3_small

    No good. I used to work in the department at Wamu that did that reporting, and we had computer reports showing that stuff. If you try to avoid the $10,000 report, we filed something called a "Suspicious Activity Report" and sent that along. I guarantee those people received more scrutiny from the feds.

  • Comment on Alex J. Higgins's answer…
    Mr_small

    He'd probably have to come back to the US to testify or things like that, but can most of those in-between- transactions be done without him going back and forth between the two continents ? (i.e. necessary documents be sent to him to sign?)

  • Comment on Svensken's answer…
    Icon_small

    That depends. Rent control is illegal at the state level, and I believe that means individual cities can't institute themselves. But as long as it isn't forbidden by the state, cities can pass additional tenant protections, which Seattle has, thankfully.