ADA Discrimination Question

[azgirl0325]

What is the name of your state (only U.S. law)? I have a handicap license plate for the state of Arizona because I have rheumatoid arthritis. I parked in a Wellsfargo parking lot in a handicap spot for a week to go to work, because my work does not have onsite parking. I was approached by a Wellsfargo employee telling me I cannot park there, and he put up a note on my car saying I will be towed in the future if I park there. He now sits out front every morning and watches for me to make sure I do not park there. Is this discrimination against my ADA rights? Thanks!

 

[TheGeekess]

What is the name of your state (only U.S. law)? I have a handicap license plate for the state of Arizona because I have rheumatoid arthritis. I parked in a Wellsfargo parking lot in a handicap spot for a week to go to work, because my work does not have onsite parking. I was approached by a Wellsfargo employee telling me I cannot park there, and he put up a note on my car saying I will be towed in the future if I park there. He now sits out front every morning and watches for me to make sure I do not park there. Is this discrimination against my ADA rights? Thanks!

Short answer: No.

 

[Proserpina]

What is the name of your state (only U.S. law)? I have a handicap license plate for the state of Arizona because I have rheumatoid arthritis. I parked in a Wellsfargo parking lot in a handicap spot for a week to go to work, because my work does not have onsite parking. I was approached by a Wellsfargo employee telling me I cannot park there, and he put up a note on my car saying I will be towed in the future if I park there. He now sits out front every morning and watches for me to make sure I do not park there. Is this discrimination against my ADA rights? Thanks!

If you're not a customer/client of Wells Fargo, they likely do have to right to bar you from parking there. Standby though for other responses.

I'm actually curious as to your workplace though. How many employees does it have? Is there actually a parking lot? Where do people park?

 

[azgirl0325]

If you're not a customer/client of Wells Fargo, they likely do have to right to bar you from parking there. Standby though for other responses.

I'm actually curious as to your workplace though. How many employees does it have? Is there actually a parking lot? Where do people park?

Parking garage that is maybe 600 yds, a block away, and 700 employees.

 

[Proserpina]

Parking garage that is maybe 600 ft away, and 700 employees.

And the reason you can't park there is....?

 

[azgirl0325]

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And the reason you can't park there is....?

Isn't there some ADA law requiring some feet standard for disabled people? Have you tried to walk with excruciating pain in your entire body that is prosistant from your white blood cells attacking your muscles, joints, and internal oragans? Once you've felt this pain then please ask me again. Which I've doubts you will ever feel this kind of pain.

 

[Proserpina]

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Isn't there some ADA law requiring some feet standard for disabled people? Have you tried to walk with excruciating pain in your entire body that is prosistant from your white blood cells attacking your muscles, joints, and internal oragans? Once you've felt this pain then please ask me again. Which I've doubts you will ever feel this kind of pain.

Honey, you have no idea what I've dealt with in my life. Lose your attitude or pay an attorney.

IF there is an ADA issue, it's with your employer. Not Wells Fargo.

 

[sandyclaus]

What is the name of your state (only U.S. law)? I have a handicap license plate for the state of Arizona because I have rheumatoid arthritis. I parked in a Wellsfargo parking lot in a handicap spot for a week to go to work, because my work does not have onsite parking. I was approached by a Wellsfargo employee telling me I cannot park there, and he put up a note on my car saying I will be towed in the future if I park there. He now sits out front every morning and watches for me to make sure I do not park there. Is this discrimination against my ADA rights? Thanks!

You'll probably see that there is a sign posted that indicates that the parking in the Wells Fargo lot is intended for private use by their customers and/or employees ONLY. Since it appears you are neither, you aren't allowed to use their handicapped spaces for your daily parking needs. If you choose to utilize their parking, you can be towed as unauthorized.

Where do other employees from your place of employment park? If there are insufficient or non-existent handicapped spaces for you use there, then that's an issue to take up with your own employer. They aren't obligated to make handicapped parking available in a private lot just for you, nor is the private lot owner obligated to allow you to park there when you don't patronize their business or work on their premises.

A handicapped person doesn't get to park wherever he/she pleases and disregard other laws or restrictions that go against them.

 

[Proserpina]

You'll probably see that there is a sign posted that indicates that the parking in the Wells Fargo lot is intended for private use by their customers and/or employees ONLY. Since it appears you are neither, you aren't allowed to use their handicapped spaces for your daily parking needs. If you choose to utilize their parking, you can be towed as unauthorized.

Where do other employees from your place of employment park? If there are insufficient or non-existent handicapped spaces for you use there, then that's an issue to take up with your own employer. They aren't obligated to make handicapped parking available in a private lot just for you, nor is the private lot owner obligated to allow you to park there when you don't patronize their business or work on their premises.

A handicapped person doesn't get to park wherever he/she pleases and disregard other laws or restrictions that go against them.

Hold on sandy. While I get what you're saying, I'm not sure the OP will...so may I clarify?

Employers might be obliged to provide handicapped spaces if they own the parking lot. Even if they don't own the lot, the third party might face the same consequences. And then there's the public access issue. I'm not saying you're wrong (because essentially you're right), but I think clarification may..."help"... our unhappy OP.

 

[LdiJ]

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Isn't there some ADA law requiring some feet standard for disabled people? Have you tried to walk with excruciating pain in your entire body that is prosistant from your white blood cells attacking your muscles, joints, and internal oragans? Once you've felt this pain then please ask me again. Which I've doubts you will ever feel this kind of pain.

You may have some action against your employer for not providing handicapped parking for their employees, but not against Wells Fargo.

I will give you an example...

A large corporation is housed on 6 floors of a 20 floor office building in a downtown area. The building has an attached parking garage. However, the company does not provide parking for their employees in the attached garage, because they were able to negotiate a better contract with a garage two blocks away. However, the employer still provides parking in the attached garage for disabled employees. No harm, no foul. However, if the employer still expects the disabled employees (those with valid handicapped placards) to park in the garage two blocks away, the employees would have a valid cause of action against the employer.

That however, would not give the employees with valid handicapped placards the right to park in a private lot that happened to be next door to the building.

 

[justalayman]

if your employer does not provide parking, they are not required to provide handicap parking spaces

a neighboring business does not have to allow you to park in their privately owned parking lot regardless of whether you are handicapped or not.

but if your employer controls that parking garage, you have a valid argument you should get a space on the ground floor and as close to the exit as they can put you.

 

[Proserpina]

You may have some action against your employer for not providing handicapped parking for their employees, but not against Wells Fargo.

I will give you an example...

A large corporation is housed on 6 floors of a 20 floor office building in a downtown area. The building has an attached parking garage. However, the company does not provide parking for their employees in the attached garage, because they were able to negotiate a better contract with a garage two blocks away. However, the employer still provides parking in the attached garage for disabled employees. No harm, no foul. However, if the employer still expects the disabled employees (those with valid handicapped placards) to park in the garage two blocks away, the employees would have a valid cause of action against the employer.

That however, would not give the employees with valid handicapped placards the right to park in a private lot that happened to be next door to the building.

I'm actually thinking that the employer does actually provide handicapped spots...just not as close as OP wants them to be.

ETA: Because if the employer was at fault here, I'm fairly certain we'd be hearing about it

 

[OHRoadwarrior]

OK, I will ask. Why can't you talk to your supervisor about a disability accommodation for parking? That's right, because they cannot provide it!!! Sorry no dice on a private parking lot. Felt that kind of pain? I have lived it for decades!!! I also had to walk 500 yards each way to work due to the parking location, so I do understand. I suggest you negotiate with Wells Fargo or get another job.

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Isn't there some ADA law requiring some feet standard for disabled people? Have you tried to walk with excruciating pain in your entire body that is prosistant from your white blood cells attacking your muscles, joints, and internal oragans? Once you've felt this pain then please ask me again. Which I've doubts you will ever feel this kind of pain.

 

[Paul84]

OK, I will ask. Why can't you talk to your supervisor about a disability accommodation for parking? That's right, because they cannot provide it!!! Sorry no dice on a private parking lot. Felt that kind of pain? I have lived it for decades!!! I also had to walk 500 yards each way to work due to the parking location, so I do understand. I suggest you negotiate with Wells Fargo or get another job.

Simple solution: carpool with a co-worker who can drop you off door-to-door.

 

[Ladyback1]

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Have you tried to walk with excruciating pain in your entire body that is prosistant from your white blood cells attacking your muscles, joints, and internal oragans? Once you've felt this pain then please ask me again. Which I've doubts you will ever feel this kind of pain.

Why yes, yes, I have! I have 5 herniated discs (L1-S1), plus.....I have Polymyositis (which is an autoimmune disorder, much like RA---except, my white blood cells attack my MUSCLES. And much like RA--it can go into remission. Polymyositis is treated the same as as RA--steroids or other anti-inflammatories, immunosuppressants--and oh yeah, since the heart is one great big muscle? Well, if it becomes affected, I'm pretty much DEAD....same with the muscles used to breath)

All of that still does not give me the right to park in a businesses parking lot for 8 hours a day, when I'm not a customer inside the business for the entire 8 hours. You are abusing your disability, and the privilege of parking in a handicapped parking spot.

And guess what else! I don't have a disable parking sticker/license plate. Why you may ask? Because one of the best treatments for Polymyositis, much like RA is to stay active.

(and the word is PERSISTENT)