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Dec 7, 2016 at 08:38 o\clock

Legal Expert Weighs in on Owner's Responsibility for Oakland Warehouse Fire: 'Building Codes Were Put in Place to Prevent Tragedies Like This'

After a fire ripped through the Ghost Ship warehouse in Oakland, California, and claimed 36 lives,the question lingers:What could have been done to prevent such a tragedy?

As the investigation into the cause of the fire one of the deadliest structure fires in the U.S. in the past decade continues, the buildings operator and master tenant, Derick Ion Almena, apologized for the tragedy in an emotional interview but denied he had made it unsafe or shirked safety codes.

While tenants and neighbors claim that Almena illegally carved the building into living and studio spaces for artists, investigators declined to tell the Associated Press whether they believe Almena or the buildings owner, Chor N. Ng, bear any responsibility for the deaths.

The answer may turn out to be that both bear responsibility, Eustace de Saint Phalle, a San Francisco-based attorney for the firm Rains Lucia Stern tells PEOPLE.

It could be both, de Saint Phalle says of the responsible party. The property owner has certain responsibilities with regard to maintaining and inspecting their property and the person who is the property manager or master tenant also has individual responsibilities related to the maintenance and operation of a property consistent with its zoning.

The Ghost Ship warehouse was not permitted for residential use and its owner was under investigation for an illegal interior building structure, according to city records reviewed by the San Jose Mercury News. However, when inspectors visited the building on November 17, they couldnt gain access.

What I dont understand is why werent they able to gain access, and if that was the case, why didnt they stay there until they could? said Dan Vega, an Oakley mechanic whose 22-year-old brother Alex Vega is still missing, told the newspaper. They should have locked it up.

I dont think its fair that my brother had to lose his life because the city didnt know what to do.

Firefighters who battled the deadly blaze reported that its victims were likely trapped in the warehouse visitors said was full of wood and antiques like a tinderbox couldnt access a makeshift, one-way stairwell made of wooden pallets that connected the first and second floors, according to the East Bay Express.

District attorney Nancy OMalley said that the ruins of the warehouse are a potential crime scene, at a Monday afternoon press conference, but added that, its too premature to know where the investigation will lead us.

Many have asked us what kind of criminal charges are available to us, OMalley said, according to The Guardian. The question is whether or not the range of charges could be murder all the way to involuntary manslaughter, and until we know what the evidence shows us.

If criminal charges are brought, victims families and survivors may receive financial restitution. De Saint Phalle says there is also potential for civil cases to be brought against the buildings owner, Almena and anyone who may have done work on the building.

Civil actions would look to the individuals who would be responsible for having created the condition that led to the fire and tragedy that happened there, he says.

He adds that after a grieving period, victims families may choose to bring civil lawsuits and pursue new legislation that could prevent similar tragedies from happening in the future. De Saint Phalle is currently involved in lawsuits and legislative efforts on behalf of the families of the victims of the Berkeley balcony collapse that killed six students and left seven injured in 2015.

In the Berkeley balcony collapse cases many of the families wanted to try to push for changes to legislation which is an ongoing process in the state of California, de Saint Phalle says. In this case, there may be an interest in trying to look at the building codes.

Many haveblamed the Bay Areas housing crisis for forcing lower-income individuals into illegal and unsafe living spaces like the Ghost Ship. Schaaf said she has ordered an independent analysis of the citys handling of the building and others like it while. For now, deSaint Phalle urged building owners to ensure their spaces are up to code.

Sprinklers, smoke alarms and multiple exits are needed so people have some way of escaping, he says. Building codes were put in place to prevent tragedies like this.

While investigations are ongoing, Oakland mayor Libby Schaaf said the citys priority remains identifying victims and notifying their families. A statement from the city of Oakland said 33 of the 36 victims have been tentatively identified. The victims included musicians, artists and university students ranging in age from 17-35.

Sep 13, 2016 at 18:37 o\clock

POLL: Should prostitution be legal in New Jersey?

NEWARK The weekend arrests of four women and nine menon prostitution-related charges has spurred a debate about whether or not paid sex should be illegal in the Garden State.

Continuing a campaign it began this summer, the New Jersey chapter of the ACLU slammed the Newark police for the arrests, arguing that officers should instead be focusing on more violent crimes in the city. ACLU Executive Director Udi Ofer also said that the arrests "harm public safetyby stoking fear of police among sex workers, dissuading vulnerable communities from reaching out to police."

But, the city's Public Safety Director Anthony Ambrose countered that prostitution is one of the most common complaints the department receives from residents. And, argued that it could not selectively enforce laws.

ACLU to Newark: Stop arresting prostitutes

"We address all complaints received in my office or by my officers regardless of whether they are minor or serious," he said.

NJ.com readers Monday had strikingly differing opinions on the issue, with some coming out against the ACLU and the idea that sex crimes would be legal, some saying that legalizing prostitution is a good idea, and others arguing that the police are in the right, because regardless of what the law should be, they are enforcing what it is now.

"Prostitution is legal in Nevada, and it should be legal in New Jersey along with marijuana," save1njsaid. "Tax both and let's move on to robbery, rape and murder."

But many readers, like Retired Chemist, said the ACLU was way off base.

"What about the people that have to live in the neighborhoods where this is conducted?" Retired Chemistasked. "This is not a victimless crime"

User nexus70didn't give an opinion on legalization, but criticized the ACLU's assertion that the police department shouldn't enforce current laws.

"They should lobby to change the law if they have a problem with it," nexus70 said. "They should NOT, however, tell a city's police force not to enforce laws."

What do you think? Vote in our poll and share your opinion in the comments section below.

Jessica Mazzola may be reached atjmazzola@njadvancemedia.com. Follow her on Twitter@JessMazzola. FindNJ.com on Facebook.

Jul 16, 2016 at 21:58 o\clock

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Jul 16, 2016 at 18:58 o\clock

Just Want To Say Hello and Welcome to My Weblog Regarding Law

Hello everybody - I wanted to welcome you to my blog where I plan on writing every little thing I can about the legal area. As you understand, while attorneys can do plenty of good in these times, there is also a bad stereotype regarding us too.

Bottom line, if you are looking to keep updated on the most recent news regarding law and attorneys, I most certainly will do my best to keep this site current so you are able to always keep coming back and learn.

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