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Kira Schlesinger
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Schlesinger Conrad - Solutions Created
Schlesinger Conrad - Solutions Created

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Good overview of this new and important Act regarding trade secrets.

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Phoenix, Arizona – 5/31/2016.
You probably were not aware that chaining dogs outside was a big problem in Phoenix. Personally, I have never seen a dog chained outside. The scorching heat would make this untenable most of the year in Phoenix. Further, the majority of dog owners in Phoenix value their animals as companions. But apparently the City Council perceived this to be a problem in our city.
The City Council voted to create a new ordinance that would prohibit chaining or “tethering” any dog in a manner that “unreasonably limits the dog’s movement during extreme weather conditions, when the outdoor temperature is below 32 degrees or above 100 degrees Fahrenheit, when a heat advisory has been issued or when a monsoon, hurricane, tropical storm, dust storm or tornado warning has been issued.” So, we now have a solution to a “problem” in Phoenix. Or do we?
As of this date, neither the proposed nor passed ordinance’s text is available on the City of Phoenix’s website. There is one notation, Item 9 from January 14, 2016’s Public Safety and Veterans Subcommittee’s meeting, that states ” Mr. Brown discussed other communities which have developed an ordinance to address the tethering and chaining of dogs.” Mr. Brown apparently then asked for additional time to draft the ordinance. The minutes from that meeting do not reflect the number of incidences in Phoenix where this practice is causing problems.
If the language used in the final ordinance bans only “unreasonably” limiting a dog’s movement, this will be another law that gives unfettered discretion to officers. What may be “reasonable” to the owner of a guard dog, may be unreasonable to the animal control officer.
This parallels problems with other animal control laws. For example, in California, Penal Code § 597.1 states the one is liable for animal cruelty if they fail to provide “proper care.” That term is not defined in the code. In Phoenix, Section 8-2 of the Animal Code states that “no person shall keep a dog within the City limits which is in the habit of barking or howling or disturbing the peace and quiet of any person within the City.” How do we determine if a dog is “in the habit” of “disturbing the peace” of someone else?
A law is void for ambiguity if a statute as “drafted and as construed by state courts, contains no standard for determining
what a suspect has to do in order to satisfy the requirement to provide a “credible and reliable” identification. The statute vests virtually complete discretion in the hands of the police”. Kolender v. Lawson (1983) 461 U.S. 352, 358. Thus, while anyone can understand a law that states no dog shall be tethered if the temperature is over 100 degrees, determining what “unreasonably restricts a dog’s movement” is far less clear. An animal control officer may decide anything less than ten feet of movement is “unreasonable”, while another officer may think twenty feet is required.
if you have been cited by animal control for cruelty or any alleged violation of an ordinance pertaining to your animals, do not wait to contact an attorney. The consequences can be harsh. You could lose your dogs, be convicted of a misdemeanor or worse. Contact the attorney at Schlesinger Conrad Law Firm at 602-812-3661. We’re happy to discuss your case confidentially and at no charge.
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Good news if you have been constructively discharged. Constructive discharge occurs when your employer makes it so difficult for you to perform your job, you cannot continue. You weren't "fired" in so many words, but you were forced out. Now it appears you may have a longer time to file a claim against your employer. If you have been forced to leave your job, and would like to discuss the situation and alternatives, please contact Schlesnger Conrad Law Firm at 602-812-3661 or via e-mail at atty@schlesingerconrad.com.

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This is a great day for Arizona.  The bill prevents towns from enacting piecemeal legislation that would mandate pet stores could only sell "rescues".  That leads to retail rescue and creates a monopoly for "shelters" and forces people to seek purebred dogs from the internet and other unreliable sources. 

If you are a salaried employee making less than $47,476, you may now be eligible for overtime pay. If you do not receive it, please call to ensure that your rights are protected. https://www.dol.gov/whd/overtime/fs17a_overview.pdf
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