Sierra Crest Business Law Group - June 2024

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June 2024

Reflections on Freedom

How Juneteenth Inspires Continued Advocacy for Justice and Equality

Juneteenth celebrations often include cookouts, barbecues, and celebrations with loved ones, which honor the freedom and resilience of the African American community. A notable tradition is to eat your fill of red foods, such as red velvet cake, symbolizing the resilience of enslaved ancestors. These culinary traditions are more than just festive; they’re a form of homage to the struggles and triumphs of African Americans throughout history. In Nevada, our connection to this holiday is also historically significant. Notably, Nevada never officially legalized slavery. During the Civil War, Abraham Lincoln expedited Nevada’s entry into statehood, primarily to secure additional votes for the passage of the Thirteenth Amendment, which abolished slavery. This strategic move underscores Nevada’s role, known as the Battle Born state, in the broader narrative of America’s struggle toward equality. Juneteenth is a day to reflect on how far we have come and how far we still have to go. Despite progress, our society continues to grapple with racial inequality and injustice. This holiday serves as a reminder of my responsibility as both an attorney and a citizen to continue the work started by the generations before us — to strive for a country where the promise of freedom and justice is truly realized for all. As we commemorate Juneteenth, let us recommit to the ideals that this day represents. Let it be a time for education, reflection, and renewed dedication to the ongoing fight for civil rights. It’s a moment to celebrate the achievements of the African American community, to acknowledge the enduring impacts of slavery and segregation, and to persist in the work toward a more equitable society. This Juneteenth, I encourage everyone to reflect on its significance not just for African Americans but for all Americans. It’s a national celebration of freedom, and its lessons are essential for every one of us, reminding us that freedom and justice are never guaranteed. Each generation must fight for and protect them anew. Let us honor this day by continuing to push forward, to finish what our ancestors started over a century and a half ago, and ensure every citizen realizes the ideals of freedom and equality.

As we approach Juneteenth, a day marked both by celebration and solemn remembrance, I want to dive deeper into this day’s history and profound significance. As an attorney, understanding and honoring our nation’s history, including the darker chapters, is vital to advocating for justice and equality in our community. Juneteenth, recognized on June 19th, commemorates a pivotal moment in American history — the final enforcement of the Emancipation Proclamation, which officially ended slavery in the United States. Though President Abraham Lincoln issued this monumental declaration on January 1, 1863, it wasn’t until June 19, 1865, that the last enslaved people in Galveston, Texas, were informed of their freedom. This delay highlights a crucial lesson: The declaration of rights alone does not suffice; enforcement and acknowledgment are equally necessary. As much as this day is about freedom, it’s also about finishing strong. President Lincoln had the courage to declare freedom from slavery; he also had the courage and resilience to follow the brutal math of the Civil War to its conclusion to enforce the Emancipation Proclamation. In 2021, Juneteenth was designated as a federal holiday, known as National Independence Day. This recognition is not just an acknowledgment of the past but a call to action for the present and the future. It reminds us that the fight for equality and justice is ongoing, and the freedoms we cherish today were hard-won by those who came before us.

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LANDLORDS RESIST SECURITY DEPOSIT RETURNS RENTAL RIDDLE

Renters often worry (for good reason) about getting their security deposits back. Landlords hold all the cards and can devise countless reasons why they are entitled to keep your cash after you move out. “When I was a renter, I never once received a security deposit back,” Green Bee Memphis, a Memphis Realtor, declared in a 2023 video on TikTok. U.S. renters are among the nation’s most economically vulnerable people. According to the Joint Center for Housing Studies at Harvard University, nearly half of all renters spend more than 30% of their income on rent and utilities, a level that housing experts consider burdensome. A record-high 22.4 million renters fell into this category in 2022, up about 2% from three years earlier. No wonder the 1 in 3 Americans who rent are concerned about getting their security deposits back. Landlords tend to occupy the opposite end of the economic spectrum, and all states have enacted at least some legal protections for renters. State laws vary, but all require landlords to return security deposits to renters within 14–60 days after they move out, according to Nolo.com’s Legal Encyclopedia. Kentucky, Washington, and Green Bee Memphis’s state of Tennessee, among others, require landlords to keep security deposits in a separate account maintained for that purpose. In Connecticut, Maryland, Massachusetts, Illinois, and other states, those accounts must pay interest that must be returned to renters. “Renters often worry (for good reason) about getting their security deposits back. Landlords hold all the cards and can devise countless reasons why they are entitled to keep your cash after you move out.” ”

When landlords withhold security deposit refunds, they are typically required to give renters a list of damages to justify their decision. And they should not charge renters for routine cleaning or ordinary wear and tear — only for careless or willful damage or excessive filth. Defining ordinary wear and tear can be difficult. For example, suppose a landlord installs new carpeting before a tenant moves in, and the tenant stays four years. In that case, the carpet will inevitably show some wear after the tenant moves out, but this is typically regarded as ordinary wear and tear — not a repair that tenants should be required to cover. Other examples offered by Nolo.com include linoleum stains from shower spray, which is ordinary wear and tear, versus broken tiles in the bathroom, which is damage. Similarly, dents in the wall where a door handle bumped constitute normal wear and tear, while a door ripped off the hinges is damage. Tenants should notify landlords in writing within 3–5 days of moving in about any damage to the apartment so they won’t be billed for it later. One of the most common causes of tenant-landlord lawsuits is a landlord’s refusal to return a security deposit. Tenants who want to contest a landlord’s decision should gather evidence, including move-in and move-out reports and photos, and state their position in a dispute letter. If out-of-court efforts to settle a dispute fail, tenants usually can file suit in small claims court.

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BRAIN GAMES

IT’S FATHER’S DAY!

Children Create Unique Dad’s Day Gifts

Recently, people have been spending big on Father’s Day, and many wait until the very last minute. Last year, Americans spent a record $22.9 billion on Father’s Day, up nearly 10% from the previous year, according to an industry survey. And more than half of consumers don’t start shopping until the week before Father’s Day, while 3.5% wait until the very last day before the holiday, according to another survey. The second survey also revealed that over 75% of shoppers struggle to think of good Father’s Day ideas. Most settle on outings, clothing, gift cards, personal care items, or electronics. Here are three low-budget ideas you can do with your kids that are sure to charm any dad, offered by What’s Up Moms, a top parenting site on YouTube co-founded by vlogger Elle Walker. Interview Cards If your kids are preschoolers, have them answer questions about their father and record their answers on notecards. Things like, “How old do you think Daddy is? 100? What is one thing Daddy says? What does Daddy do for work? Why do you love Daddy?” The simplicity and innocence of your children’s answers will warm Dad’s heart more than any store- bought gift ever could. Shopping Spree Give each child $10 to pick out something for Dad, all by themselves, then take them to the nearest big-box store. Walker’s youngsters came up with a mirror, a pair of swim trunks, and crib sheets, and they clearly loved being empowered to make choices. Photos From a Kid’s Perspective You may be surprised at some of the angles children choose and the tender moments they capture, “even if they’re not wow-worthy,” Walker says. Her daughter caught a captivating shot of her husband, Ross, napping with their preschool son resting on his shoulder.

SOLUTION

SUMMER CHICKEN SALAD

Ingredients

Inspired by FoodNetwork.com

Dressing • 3/4 cup crumbled feta cheese • 1/2 cup half and half • 1/4 cup mayonnaise • 1/4 cup sour cream • 1 tsp sugar • Juice of 1 lemon

• 3 boneless, skinless chicken breasts • Salt and pepper • 4 ears of corn, shucked • 3 tbsp minced dill

• 3 stalks celery, finely diced • 1 red onion, finely diced • 1 1/2 cups blueberries • 1 head of butter lettuce

Directions 1. Place chicken in a large plastic bag and pound with a mallet to flatten to 1/4-inch thickness. Drizzle with olive oil and sprinkle with salt and pepper. 2. Heat grill, then grill chicken on both sides for about 4 minutes per side; set aside to cool before slicing. 3. Grill corn until the kernels begin browning, turning regularly for even cooking. Use a knife to shave the kernels off. 4. In a bowl, mix all dressing ingredients until combined. 5. In a large bowl, combine corn, dill, celery, and onions, then stir in chicken and top with dressing and blueberries as desired. 6. Separate the head of butter lettuce into “cups” to fill with salad and enjoy!

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INSIDE THIS ISSUE

Uncover Juneteenth’s Impact and Why It Matters to Everyone

1

Know Your Rights: Get Your Security Deposit Back

2

Summer Chicken Salad

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3 Easy Father’s Day Ideas

Odd Laws Protect Salamanders and Seaweed

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WEIRD STATE LAWS SAFEGUARD SALAMANDERS AND SEAWEED WHAT WERE THEY THINKING?

Ignorance about the law is usually not a defense if you’re caught in a violation. Some oddball state laws, however, are so strange that they could only be described as booby traps for the unknowing. Here are two legislative oddities sure to surprise any hapless offender. 76 Salamanders A popular YouTube commentator has called out the state of Illinois for barring anyone from owning more than 75 salamanders. Why? Several salamander species are classified as endangered in Illinois, and the state regulates the commercial trade of these amphibians. The law assumes any resident who possesses salamanders valued at $600 or more intends to market them commercially — illegally. The law estimates the value of a salamander at $5, suggesting it actually prohibits owning 120 salamanders. But who’s counting? Nighttime Seaweed From the annals of lawmaking history, a 1973 New Hampshire law banned any effort to “carry away or

collect for the purpose of carrying away any seaweed … between evening and daylight.”

The backstory: Farmers in New Hampshire once collected seaweed from the beaches to use as fertilizer, leading at least one town to ban nighttime harvesting to “give everyone an equal chance” at stocking up on seaweed. However, after a group of high school students singled out the law as the state’s dumbest, lawmakers repealed it in 2016. Not all states with stupid laws are culpable. Internet jokesters questioned South Dakota about a law supposedly barring people from falling asleep in a cheese factory. The actual law makes a lot more sense: It bans setting up your bedroom in a space used to prepare food for the public. Noting the error, a Sioux Falls radio station, Hot 104.7, fired back at critics, creating their own new category of missteps: “Stupid questions people ask about South Dakota.” Fair enough!

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