Off Topic - Question about Handicapped Parking Space on Private Property

[ReneeQ]

I hope this is okay to post here.

I work at a dialysis clinic and we have one handicapped parking space in our parking lot. We often have a patient that parks there, and I parked there myself for six months when I broke my leg last year.

Recently someone from the office building next to us has been parking in that space ALL DAY. They have a legal permit to park there, etc.

My question is, since this is private property, can we ask them to move, so as to provide this spot for our patient(s)?

My boss has asked me to check into this, so if anyone can link me to a written law, that would be most appreciated.

Thank you.

 

[dj2]

wow.

sorry i can't cite a specific law, but i hope this helps....

there's a sign in the parking lot of my dad's apartment building that says something to the effect of private property for the use of the people living there and all other vehicles will be towed.

i've seen similiar signs in small parking lots near businesses in our town's downtown area--whereever the lots near a business are particularly small, the signs say something to the effect of that the lot is for the use of customers of XYZ only, all others will be towed at the owner's expense.

i think it might be important to find out who owns your building. is it owned by the same owner of the neighboring office building? is it one big lot, or separately owned?

also, maybe you could check with the police to see if it is legal for a towing sign. or check with a local towing company--they'd probably know.

as you say, the question is not really whether or not the car can be legally parked in a HC spot, but whether it is legal to park on private property in any spot--and i have a hard time believing that it is. i mean, they couldn't just park on your driveway at your home, could they? the owner of the property gets to say who can be there.

 

[McCall]

I expect you need the sign posted as mentioned but other than that if it is posted you should be able to tell them to move or have them removed.

 

[Lachesis00]

I know *here* we're allowed to park where ever there is a handicapped sign. People are exempt from the private property sign. I try not to. I think only once I've had to.

 

[SueM in MN]

I did a search and didn't find anything.
I guess my suggestion would be to contact the police department in your city. They would have to know since they would be the ones ticketing people when there is a complaint.

 

[videogal1]

Originally posted by ReneeQ
I hope this is okay to post here.

I work at a dialysis clinic and we have one handicapped parking space in our parking lot. We often have a patient that parks there, and I parked there myself for six months when I broke my leg last year.

Recently someone from the office building next to us has been parking in that space ALL DAY. They have a legal permit to park there, etc.

My question is, since this is private property, can we ask them to move, so as to provide this spot for our patient(s)?

My boss has asked me to check into this, so if anyone can link me to a written law, that would be most appreciated.

Thank you.

Have your boss contact Fred Schotz at the following e-mail address:

fred.shotz@adaconsulting.com

He will be able to tell you all you need to know and more about laws pertaining to the ADA, handicapped parking spaces, and every other thing about what's legal and what's not in the world of disability rights....

Fred is a great resource for all individuals and businesses who are grappling with ADA law.

 

[videogal1]

Originally posted by SueM in MN
I did a search and didn't find anything.
I guess my suggestion would be to contact the police department in your city. They would have to know since they would be the ones ticketing people when there is a complaint.

Sorry, Sue
The local police are in no way equipped to determine the applicable law in this case. They would write it off as a civil complaint and beyond the scope of their jurisdiction.

Better advice would be to consult an expert in the Federal laws regarding ADA issues such as this. An ADA consultant is able to review the situation and weigh its legal place in the world of Federal, state, and local law regarding handicapped legal issues. Fred, at fred.shotz@adaconsulting.com, is well-worth contacting and will give anyone with access questions or problems the straight scoop on where they stand with regard to the law.

 

[SueM in MN]

Of course, an attorney in ADA law can tell what the federal law is. I meant to contact the lcoal jurisdiction, whether police or some other municipal office like Planning, etc. that has to do with parking because they should know what local variations (which still have to follow the ADA) are in effect.

 

[videogal1]

Originally posted by SueM in MN
Of course, an attorney in ADA law can tell what the federal law is. I meant to contact the lcoal jurisdiction, whether police or some other municipal office like Planning, etc. that has to do with parking because they should know what local variations (which still have to follow the ADA) are in effect.

Sorry, Sue
As I stated, the ADA consultant that I referred to, (not a high-priced attorney in ADA law, by the way) is able to review a situation and weigh its legal place in the world of Federal, state, and local law regarding handicapped legal issues. If, as you suggest, the "police or other municipal office" were able to enforce the ADA requirements regarding handicapped parking there would be no handicapped parking space poachers, no handicapped spaces that were laid out in direct contradiction to common sense and ADA requirements, and no handicapped parking permits for anyone who did not meet the criteria of disabled, as defined in the ADA. When local law enforcement supports the complaints of a business that does not wish to permit a service dog on its premises and tickets the service dog's disabled handler and when disabled people driving open-top cars are required to hang a handicapped parking permit from the rear-view mirror so that the permit can be easily stolen it is time to see what the law says. In this particular case I believe you were not able to find any applicable law. That is not helpful. This consultant is helpful and has battled for years to get businesses to comply with ADA-mandated accommodations. It certainly takes less time to ask him about it than you and I have spent arguing the efficiency of local law enforcement entities...

 

[SueM in MN]

I was not meaning to argue with you. At workshops I've gone to on various subjects, though, the attorney types usually respond to questions with "This is Federal Law, but you would have to check for applicable local laws." So, that's where I was coming from.
If the person you mentioned is able to bring it down to a local level, he certainly sounds like a very good resource for any question.