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Handicap Parking

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luv4destiny

Junior Member
What is the name of your state (only U.S. law)? Texas

My husband is being denied parking in a handicap parking space due to being on a motorcycle with disabled plates. It is on campus. The company he works for is doing work on campus. They are telling him he has to park in motorcycle spaces only but there are none close to the job. He does have a parking permit to park on campus for a motorcycle. There are no handicap motorcycle parking areas.
 


justalayman

Senior Member
How is it that a person with a handicap rides a motorcycle?

it is possible. What if they have a heart problem where walking long distances is difficult?


I suspect the OP is tough out of luck. While he may have a legal right to park in the space, his employer can mandate he park in some specific area. If that is what it happening, I see nothing improper about the demand.
 

Zigner

Senior Member, Non-Attorney
it is possible. What if they have a heart problem where walking long distances is difficult?


I suspect the OP is tough out of luck. While he may have a legal right to park in the space, his employer can mandate he park in some specific area. If that is what it happening, I see nothing improper about the demand.
Heck, they COULD even be missing a limb...
 

OHRoadwarrior

Senior Member
I suggest he use the family car and not make waves, that could affect his job status. He should also have a placard for that.
 

mlane58

Senior Member
I suggest he use the family car and not make waves, that could affect his job status. He should also have a placard for that.
Well if it does affect his job status, then the college and his employer better start looking over their shoulder for the EEOC to come knocking.
 

swalsh411

Senior Member
I don't understand how one can be "denied" a parking spot. If the spot is open, park there. They are risking a major lawsuit if they tow a vehicle with proper handicapped plates or placard.
 

justalayman

Senior Member
I don't understand how one can be "denied" a parking spot. If the spot is open, park there. They are risking a major lawsuit if they tow a vehicle with proper handicapped plates or placard.
I don't believe that is the issue. What I think is happening is his employer is directing him to park in some particular area and that is completely legal. The only exemption I can see as a possibility is if the guy can claim a need for an ADA accommodation.

and unless he has such a need, I do not see any action the guy would have against the school or the employer.
 

justalayman

Senior Member
I would think being a handicapped driver (with proper tags or placard) would be an easy win ADA accommodation.
being able to obtain a HC placard does not necessarily equate to an accommodation of parking in a HC space. It would depend on what the handicap is and if there is cause for such an accommodation.

but for it to even be considered, the guy will have to ask for an ADA accommodation.
 

asiny

Senior Member
Just as a matter of argument - how can anyone, least of all a company someone works for, dictate where someone parks their vehicle (bike or other) with legal, state issued, disabled plates?
Even if the company are performing work on the property - if their workers are authorised to park on campus, does the authorisation specifically state where they can park? And if so again, can they dictate where a disabled worker can park?
 

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