Don’t let the bed bugs bite — it’s illegal!

Posted on October 7, 2016 by alexb2448

This vintage typwriter is our featured image.

It’s official. Connecticut has a bed bug law. Or an anti-bed bug law. Or a bed bug extermination law. Or something like that.

On October 1, the new law, officially known as An Act Concerning The Rights And Responsibilities Of Landlords And Tenants Regarding The Treatment Of Bed Bug Infestations, took effect.

It sounds self-explanatory, right? Well in one sense, it is. But then again, nothing is really simple when lawmakers/politicians get involved. I mean in all honesty, it shouldn’t take half a page just to summarize a law.

Eli, the In Brief Legal Writing Services mascot. — In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

But in this case, it does. Go figure.

Luckily, it won’t take me nearly that long to get to the point. So here’s the deal:

If you own certain types of rental units specified by law, there are certain things you are now legally obligated to do in the event of a potential or actual bed bug infestation. Some are fairly obvious. For example, you must give your tenants advance notice when you are going to inspect the premises or have it treated. You must also pay for the inspection and any necessary treatment. You must get help for any tenants that are physically unable to “comply with preparation for inspection or treatment procedures.”

As an owner of an applicable rental property in Connecticut, you are prohibited from renting it if you “know or reasonably suspect it is infested.” You must also advise current tenants about infestations, and provide requested information about recent bed bug inspections to prospective tenants.

As the landlord, how you decide to get rid of the bed bugs is up to you. You can do it yourself or you can hire a “pest elimination specialist” do it for you.

Under the new law, tenants have certain responsibilities as well. These include:

Advising the landlord about potential or actual bed bug infestations
Providing access to the dwelling
Assuming any costs of preparing the dwelling for inspection/treatment
Following instructions regarding the elimination or control of the infestation; or paying “additional costs arising from noncompliance”
Not removing infested material from the premises without permission

The act also lists “remedies” for landlords and tenants who don’t play by the rules. These include but are not restricted to a $250 fine for “non-compliant landlords” and potential eviction for uncooperative tenants.

Some Interesting Facts About Bed Bugs

Interestingly, as the Centers for Disease Control (CDC) notes, bed bugs do not carry disease or pose “serious medical threat” to most people. And contrary to popular belief, their presence is not necessarily indicative of an unclean environment — although they do like to hide in clutter.

From what I understand, they also like to travel and can be found throughout the world.

Unfortunately they love to bite us while we sleep — prompting our desire to eradicate them from our lives. Aside from that, they seem to be annoying but relatively harmless creatures.

And now that we know what to do about them, I have another suggestion for my state legislators. How about a law governing the elimination of stink bugs?

Just saying…

It’s the law: CT animal advocacy measure among those now in effect

Posted on October 5, 2016October 5, 2016 by alexb2448

Some time ago, I blogged about Connecticut legislation drafted to permit lawyers and would-be lawyers to “represent” animals in certain cases.

Since my first post, Connecticut Governor Dannel P. Malloy signed the bill into law. I am now happy to report that he Act Concerning Support For Cats and Dogs that are Treated Cruelly officially took effect Oct. 1.

To refresh your memory, the law allows attorneys specializing in animal cruelty and neglect cases — and law school students with an interest in the subject — to “advocate for the interests of justice in certain proceedings involving animals.” There are three circumstances in which this can happen:

In animal cruelty or animal fighting cases
In “court proceedings stemming from an animal control officer’s seizure of a cruelly treated or neglected animal”
In “criminal cases involving the welfare or custody of cats or dogs.”

Qualified advocates (selected from lists kept by the Department of Agriculture) can now attend hearings, act as observers and provide relevant information to the judge or “fact finder.” In certain circumstances, they can also issue recommendations.

In accordance with the new law, any party involved in the case can request a special advocate’s services. The court can also appoint a special advocate.

The law is also summarized here.

New rules pertaining to human trafficking, bed bugs, child support, protection for victims of domestic violence, abuse in nursing homes, and medicinal use of marijuana also took effect Oct. 1.

Now that makes for a lot of blog fodder. So stay tuned…

New animal ambulance comes to the rescue

Posted on August 12, 2016August 14, 2016 by alexb2448

The First Connecticut Animal Ambulance

As a pet parent, it’s music to my ‘EARS’

Those of you who follow me on Twitter (@InBriefLegalWS) have already the links to the articles I posted about this. But it’s such a cool issue I felt compelled to share it here, too.

According to its website, a Shelton Connecticut-based group is now offering an ambulance service devoted specifically to animals. Its something I hope we never need, but I am happy it exists.

“In April our team was presented with an amazing opportunity to acquire a former ambulance to modify in to a fully outfitted animal ambulance – the first in Connecticut,” the Emergency Animal Response Service (EARS) says. “Through a major month-long fundraising effort with contributions from animal hospitals, veterinarians, other rescue groups, and public support, we were able to exceed our goal and we are extremely proud to announce that ‘Rescue 2’ has arrived and is now 100% operational!”

Once used to transport people, the rig is now fully stocked with everything needed to treat animals in distress. The crews that man it are “are certified in pet first aid, life support, and undergo special training involving the safe and compassionate transportation of animals in need.”

If you live in Connecticut, you can learn more about the animal ambulance at various events. The next one is at an EARS fundraiser in Orange tomorrow. If you can’t make it, there is another one on August 21.

In addition to providing the animal ambulance and “rapid response” service, EARS engages in community outreach programs. The programs include demonstrations, workshops and classes.

“Each program we present is individually designed based on the needs of who we are working with. The programs can be altered depending on the type of program, age of participants, size of location, main interest of the group, and many other aspects,” the organization says.

Clearly providing such comprehensive services requires a lot of manpower. EARS encourages anyone interested in volunteering to visit the volunteer page on its website. You can find even more information about how to get involved here.

It sounds like such a cool organization that I definitely encourage you to get involved if you can. And to be honest, I’m already thinking about joining,myself.

On Another Note…

Speaking of animals, I am happy to report that Eli is much better. We took him off the pain killers on Sunday morning, but he was still feeling out of sorts and hid in the basement until Wednesday morning, when I convinced him to come upstairs for breakfast. Since then he’s been back to his old self.

Now let’s hope he stays that way!

By passing HB5344, CT lawmakers take a huge step forward

Posted on May 18, 2016May 17, 2016 by alexb2448

Founder/owner of In Brief Legal Writing Services, Alexandra Bogdanovic. Photo by N. Bogdanovic

I’ve heard a woman’s jewelry says a lot about her. It’s a reflection of her personal taste, style and even her socioeconomic status. Think about it. With one glance at a woman’s jewelry, you can tell if she is engaged, married, or if she has children — if you know what to look for. Sometimes you can also learn a lot about her interests, passions or hobbies.

For the last few months, I’ve worn two charms on two simple, sterling silver necklaces. One is a small black diamond charm in the shape of a paw. The other is a plain sterling silver gavel. Collectively, these simple pieces symbolize two of my greatest passions: animal welfare and justice.

Score One For The Good Guys

My interest in these subjects is both personal and professional. So I have been monitoring the progress of a Connecticut bill that I blogged about soon after it was introduced earlier this year. I am now thrilled to announce that the Connecticut legislators passed HB5344.

With Gov. Dannel Malloy’s signature, Public Act No. 16-30, An Act Concerning Support for Cats and Dogs that are Neglected or Treated Cruelly will take effect in October.

As it stands, the act allows for the appointment of a “separate advocate to represent the interest of justice” by court order or request in certain cases. Specifically, these appointments can be made in animal cruelty cases or any other criminal cases involving “the welfare or custody of a cat or dog.”

The advocate in such cases will be a lawyer or law school student who either specializes in or is interested in animal law. Once appointed, he or she will be responsible for:

Monitoring the case
Consulting with anyone who has pertinent information about the case
Attend hearings
Present relevant information or make recommendations to the court based on his or her findings

The Commissioner of Agriculture is tasked with keeping a list of volunteers interested in serving in this capacity. The inclusion of law school students is subject to existing rules regarding the practice of law.

What Does This Mean?

Simply stated, this means that dogs and cats who are mistreated or neglected will have someone with specialized skills and knowledge looking out for them in court. It means that prosecutors and judges will have additional resources to aid in the successful resolution of animal cruelty cases. It means these cases will be less likely to slip through the cracks. Most importantly, it means the offenders are more likely to be convicted.

The folly of forced tolerance: analyzing the fallout from HB2

Posted on April 1, 2016April 1, 2016 by alexb2448

The pressure on North Carolina Gov. Pat McCrory shows no signs of letting up. If anything, it’s growing.

Since HB2, which prevents municipalities in the state from creating their own rules to protect members of LGBT community, became law last week, McCrory has faced considerable corporate and public backlash. The ACLU also jumped into the fray by filing a lawsuit in response to the new law earlier this week.

Now Connecticut Gov. Dannel Malloy has piled on by prohibiting publicly funded travel to the Tar Heel State.

“This law is not just wrong, it poses a public safety risk to Connecticut residents traveling through North Carolina,” Malloy said in a Hartford Courant story published yesterday. Essentially, the law puts everyone who goes there at risk, as well as those who live there, Malloy added.

According to published reports, New York Gov. Andrew Cuomo has also taken steps to prevent “all nonessential, publicly funded travel” to North Carolina.

Yesterday, McCrory indicated that he’s had enough and fought back by calling his critics a bunch of hypocrites. If you haven’t already, you can read exactly what he had to say in Politico by clicking the link in the preceding paragraph.

Sad But True

No one is disputing that it is the government’s job to protect vulnerable citizens. Sadly, no one can deny that we need tough laws to combat hate crimes and other heinous behavior that has no place in a civilized society.

From what I’ve read — and trust me, I’ve read a lot over the last week or so — I don’t think McCrory is denying any of that, either. It seems to me that the issue at the heart of the matter is not whom to protect, but how to protect everyone. What can be done — or more importantly — what should be done to balance LGBT rights with the general public’s rights?

Wrong Answer

Clearly North Carolina lawmakers came up with an imperfect solution — and McCrory didn’t do himself any favors by signing such a flawed bill into law.

As far as I am concerned, the state has every right to regulate what transpires in its own facilities. So if the state wants to pass laws prohibiting transgender individuals from using restrooms that match their gender identities in state-owned buildings, so be it. If the state wants to pass laws calling for the creation of “gender neutral” restrooms in state-owned buildings, fine.

But allowing the state to prohibit individual municipalities from creating and enforcing their own rules regarding who can use which bathrooms is ridiculous.

If North Carolina communities are even remotely like those that I covered as a government reporter in New York, Connecticut and Virginia, each one has a town council, a city council or a similar governing body. Among other things that governing body, working with the mayor or town manager, and municipal attorney is tasked with creating the rules and regulations (ordinances) for that community. Whenever a new rule is proposed, there is a series of public discussions. During those discussions — usually held at regularly scheduled meetings or special hearings — residents can share their comments, concerns and opinions. Representatives from other groups that could potentially be impacted by the new rules — can also speak during that time.

In other words, it is an incredibly comprehensive process where everyone has an opportunity to have their say before the governing body votes on the matter. And that’s exactly as it should be.

A Losing Battle?

Figuring out how to balance the rights of the LGBT community with those of the general public is a dilemma that local and state lawmakers across the country have already grappled with, and it is one that more will face as the push for LGBT rights continues.

Figuring out how to put an end to the ignorance and hate that plagues so much of this country is another matter altogether. The only way to start is to encourage an open, honest and objective dialogue. That means taking emotion out of the equation. And therein lies the problem. Human beings are inherently emotional animals. Hate is an incredibly powerful emotion. So is fear.

So our options are limited. But I firmly believe the following:

We can and should continue to put laws on the books to discourage hateful people from acting on their feelings.
We can and should continue to ensure that harsh penalties are in place for those who do.
We can and should create and fund programs that promote understanding, compassion and tolerance.
We can and should instill those values in our children.
Instead of focusing on our similarities, we can and should learn to respect each others’ differences — even if we don’t understand them.
We can and should lead by example.

Regretfully I also believe that at the end of the day, we can’t morally or legally force anyone to exercise tolerance, compassion or understanding if they lack the basic desire or ability to do so.

And as far as I’m concerned, to think otherwise is sheer folly.

Come take a look at the ‘big picture’

Posted on March 21, 2016March 22, 2016 by alexb2448

I rarely mix business and pleasure. Or should I say, I try not to mix the two. So — even though this blog can sometimes be a bit snarky — there are certain things that are out-of-bounds. Forbidden topics include religion, politics (especially anything having to do with Donald Trump) and, well, blatant self-promotion. I will talk about Eli, but I won’t plug my book here. Nor will I discuss any other extracurricular activities.

Of course, having said all of that, there are exceptions to every rule.

So for the next couple of days, I’m taking a break from writing about murder, mayhem, animals, the nanny state, fantasy sports and our judicial system. Instead I’ll focus on a couple of things that might help you get to know me a little better. And who knows, you may even find them interesting.

An official invitation

First of all, I’d like to invite any of you who live in the New York City area to the opening reception for a group photography exhibition in a couple of weeks. It will be held from 6 to 8 p.m. April 3, at the Art and Sound Gallery in Greenwich, Connecticut.

You are cordially invited to a group photography exhibition featuring photos by Alexandra Bogdanovic, founder and owner of In Brief Legal Writing Services — Invitation to opening reception for a gallery event including photos by In Brief Legal Services Owner/Founder Alexandra Bogdanovic.

Located on the Greenwich side of Mill Street near the Byram River bridge, the gallery is actually just a short walk from the Port Chester train station — so all you have to do is jump on the train if you don’t want to drive. Plus the owner, curator and exhibitors are really cool, so you will definitely have a good time. And just as importantly — okay maybe even more importantly — you’ll get to see some of my work.

Yes, when I’m not working on research, writing or editing projects here at In Brief Legal Writing Services, I am an amateur photographer — among other things.

Picture this

To begin with, I was born in Bronxville, N.Y., and raised in Greenwich, so I am definitely a child of the New York City suburbs. Even so, I’ve always identified with the City, and think of myself as an (unofficial) New Yorker.

Now I channel my passion for the single greatest city on the face of the planet through my photography. I see something new every single time I go there, even if I go to the same places over and over again. The time of day, time of year and the weather all make a huge difference in the types of pictures I can get. It’s always challenging and it’s always fun. I never get bored.

Black and white photograph of New York Police Department barriers taken by Alexandra Bogdanovic — NYPD barriers. Photo by Alexandra Bogdanovic

Out of all the places I go in New York City, Times Square is probably my favorite place to shoot. I think I’m drawn to it because I love big, bold, graphic images — but my interest in photography isn’t limited to urban settings. I also love beach and nature photography, automotive photography and travel photography. In addition to the Big Apple, I’ve shot in Barcelona, Belgrade, Munich, Virginia the Hamptons, Greenwich, Rye, N.Y., and rural Australia. Last year I documented a train trip up and down the east coast, from New York City to Orlando, Florida.

My work has been shown at the Rye Nature Center in 2003, and at the Byram Library in Greenwich last year.

At any rate, it’s kind of ironic that I love photography so much, since it’s something I really started doing as part of my job back when I was a reporter at papers with limited resources. But on the other hand, it’s an interest and passion I share with my mother. It’s also a fantastic creative outlet. When I am behind the camera, I can relax, forget all about any stress or drama I’ve got going on at work or in my personal life and focus on the task at hand.

CT law would protect daily fantasy sports players

Posted on March 16, 2016March 17, 2016 by alexb2448

Not too long ago, it seemed sports fans in the Tri-State Area couldn’t watch a game or tune in to their favorite radio talk shows without being barraged by ads urging them to participate in daily fantasy sports contests.

But, as so often happens when any activity attracts an immense following, government officials began to take notice. Much debate ensued about the legitimacy of the contests — and whether winning them requires luck or skill. A whole bunch of proverbial poop really hit the fan back in November, when New York Attorney General Eric Schneiderman said participation in the contests is tantamount to illegal gambling in the state.

While Schneiderman’s stance — aimed at preventing the companies that run the contests from doing business with state residents — set the stage for a legal showdown, lawmakers in a neighboring state are considering a different approach. Specifically, a bill currently making its way through Connecticut’s legislative process would “protect consumers who play daily fantasy sports contests from unfair or deceptive acts or practices.”

Not a chance

Among other things, the bill includes definitions of a “daily fantasy sports contest,” and a “contest of chance.” It also charges the Commissioner of Consumer Protection with adopting rules that:

Stipulate that daily fantasy sports contests are not “contests of chance”
Set the minimum age for participants at 21
Include measures to protect consumer deposits
Ensure “truthful advertising” regarding the activity
Guarantee “the integrity of all daily fantasy sports contests offered in this state”
Include safeguards for “problem gamblers”

Listen up

At a public hearing of the General Law Committee held earlier this month, several speakers voiced concerns and suggested changes to the initial language.

One of them, Chris Grimm, testified on behalf of two well-known fantasy sports companies and the Fantasy Sports Trade Association. He began by pointing out that more than 50 million Americans have played fantasy sports for more than three decades, making the activity “our new national past time [sic].”

Whether they play in the traditional season-long format or the newer daily or weekly format, participants put their skills to the test, Grimm stressed.

“It is not enough to know the most popular teams and their most recognizable stars,” Grimm said. “Fantasy players need to understand scoring systems, the particular strengths of different players, the type of offensive schemes that they play in and the quality of their matchups [sic].”

Sarah Koch, the assistant director of government affairs at Draft Kings, also spoke in favor of the bill, but suggested some changes including:

Writing certain protections into the law itself
Insertion of language that “ensures fantasy sports competitions are based solely on statistics and not on outcome or finishing position” to avoid inadvertently “opening the door to sports betting”
Removing the word “daily” from the definition of fantasy sports in the bill to “provide legal clarity for all fantasy sports encompassed by the definition”
Clarification of the legal status of fantasy contests by inserting language indicating it does not “constitute gambling under the applicable penal code”
Dropping the age restriction from 21 to 18

Tamara Petro, the executive director of the Connecticut Council on Problem Gambling, also addressed the committee.

“This bill largely represents preparedness for a substantial expansion if CT [sic] legalizes daily fantasy sports, which is a very lucrative, multi-billion dollar business,” she said. “We propose that the new era of gambling in CT [sic] necessitates a sustainable framework for Responsible Gambling [sic] and consumer protections, and that the State [sic] has a responsibility to provide this while looking to expanded gambling for revenue.”

Advancing animal advocacy

Posted on March 14, 2016March 13, 2016 by alexb2448

A new rule currently pending review by the Connecticut General Assembly’s Joint Judiciary Committee calls for additional advocacy for neglected and abused animals.

Speaking up for those who can’t

As proposed, Connecticut House Bill 5344 would allow “a separate advocate” to be appointed “to represent the interests of the animal” or “the interests of justice” in certain cases.

The person selected from a list of qualified volunteers kept by the Commissioner of Agriculture would:

Monitor the case
Obtain information that would assist the judge or fact finder through consultations with relevant individuals
Review relevant records
Attend hearings
Issue relevant recommendations

Passion and professionalism

The selection of an advocate selected in a case specified under the new rule could be made by the court itself or at the behest of a lawyer or party involved in the case. The advocates would either be attorneys “with knowledge of animal issues and the legal system” or law students from schools that “have students or anticipate having students with an interest in animal issues and the legal system.”

Participating students would be bound by specific guidelines pertaining to legal interns set forth in the Connecticut Practice Book. The “book” includes the Rules of Professional Conduct, Rules for the Superior Court and Code of Judicial Conduct for Connecticut lawyers.

Personal perspective

Well, here’s another “no-brainer.”

As evidenced by numerous articles on the subject, animal law is a growing discipline requiring a specific skill set. Allowing a separate advocate with the necessary knowledge and/or passion for and interest in the work to do the “heavy lifting” in cases involving “the welfare or custody of an animal” benefits everyone involved. For one thing, it takes the burden off lawyers who aren’t as well-versed in this particular area. More importantly, it ensures that the person making the final decision has all of the information he or she needs in order to do so.

But most importantly of all, it ensures that there is a “voice” for those who can’t speak for themselves.

Move over, damn it! Bicyclists state their case

Posted on March 11, 2016March 9, 2016 by alexb2448

Springing forward

With temperatures soaring into the 70s in the New York metropolitan area this week, it’s beginning to feel a lot like springtime around here. And you know what that means.

We’re going to lose an hour of sleep but gain an hour of daylight (allegedly). The flowers will bloom, the grass will grow and some of us will get wicked allergies. As if all of that isn’t annoying enough, we’ll be forced to share the roads with bicyclists, joggers, people on roller blades and maybe even people on hover boards. Oh, joy!

But let’s focus on the bicyclists for now. Yes, those weekend warriors who ride in packs and hog the roads, effectively turning them into treacherous slalom courses for motorists. Honestly, is there anything more aggravating than getting stuck behind a bunch of bicyclists on a Saturday afternoon?

That’s a rhetorical question — but that’s not to say there isn’t another side to the story.

Going to bat for the bicyclists

Urban bicycles. Photo by In Brief Legal Services Founder Alexandra Bogdanovic — New York City bikes. Photo by Alexandra Bogdanovic

According to a recent Hartford Courant report, Connecticut groups that support cyclists want stiffer fines for drivers who don’t play by the rules. Specifically, they have asked state lawmakers to approve a new measure that would level harsher penalties against drivers who don’t “yield to pedestrians or bicycles that are legally using the road.”

Advocates say the measure would improve overall safety. But critics say the wording in the proposed bill is too vague. Critics also claim that the proposal fails to address careless behavior by pedestrians and bicyclists.

Reaching a compromise

Personally I think there are better solutions, some of which have already been implemented elsewhere. Designated bike lanes are fine — as long as the roads are wide enough to accommodate them. I also know of a few places where officials close the roads to regular traffic and let bicyclists take over for a set amount of time on certain days, weather permitting.

I’m not sure if there are already laws on the books prohibiting bicyclists from riding in groups or at least preventing them from riding two abreast. If not, I think there should be.

But of course, that’s just my humble opinion. What do you think?

Act would allow critters to comfort kids in court

Posted on March 7, 2016February 26, 2016 by alexb2448

If a proposed amendment currently wending its way through Connecticut’s legislative process doesn’t receive sweeping approval, it will simply reinforce what a lot of us already think about most politicians: that they are heartless (expletives deleted) without an ounce of compassion.

The act in question would “allow the use of therapy animals to provide comfort to children who are testifying in a criminal prosecution” of cases in which they have been assaulted, sexually assaulted or abused. As presented it would apply only to children age 12 and younger.

If the change is actually made, “a volunteer team consisting of a therapy animal and a registered handler” as defined by law will be among the select group of people permitted to remain in the room while the child is testifying. The new rule, which would take effect this October, would also allow the therapy animal and handler to sit near the child as long as they didn’t block the view of the defendant or judge.

To me this is a “no-brainer.” A courtroom can be a big, scary, intimidating place — even for an adult. The possibility of testifying about a traumatic experience can be daunting for adults … just imagine how frightening it is for kids. Honestly. How would you feel if you were just a little kid who had been raped or molested or beaten and then you had to face that person in court?

Now think about how you’d feel if you were a little kid in that situation and you had a therapy animal (most likely a dog) that you really liked and felt safe with close by.

It’s a proven fact that interacting with animals helps people relax. It’s also a proven fact that therapy animals can help children cope with and overcome tremendous obstacles.

I should know. It’s something I’ve witnessed personally while volunteering at therapeutic horseback riding programs in Connecticut and Virginia. Kids who were grumpy when they arrived were happier by the time they left. Kids who had a hard time expressing themselves at home or in school mastered the verbal signals needed to control their ponies.

Of course that’s not to say that therapy horses belong in Connecticut courtrooms. But there’s absolutely no reason whatsoever why dogs and other small therapy animals shouldn’t be allowed to do what they are so adept at — providing love and reassurance when it’s needed most.