No Disability Parking Vertical Signage

[westonschmeston]

What is the name of your state (only U.S. law)? Provo, Utah

I live in Provo, Utah and parked outside a private apartment complex (Alpine Village) in a space that had the International Symbol of Accessibility painted on the ground, but no vertical signage indicating it as reserved for the disabled. The painted symbol on the ground cannot be seen at night as there are no lights in that area of the parking lot. My car was immobilized with a boot by a private parking enforcement company (University Parking Enforcement) and neither the company, the management of the apartment complex, or the city building inspector who approved the facility are willing to admit any fault. I am in the process of seeking mediation in this matter and may end up taking it to small claims court, but I just want to be certain that I have the law on my side.

[Zigner]

Originally Posted by westonschmeston

What is the name of your state (only U.S. law)? Provo, Utah

I live in Provo, Utah and parked outside a private apartment complex (Alpine Village) in a space that had the International Symbol of Accessibility painted on the ground, but no vertical signage indicating it as reserved for the disabled. The painted symbol on the ground cannot be seen at night as there are no lights in that area of the parking lot. My car was immobilized with a boot by a private parking enforcement company (University Parking Enforcement) and neither the company, the management of the apartment complex, or the city building inspector who approved the facility are willing to admit any fault. I am in the process of seeking mediation in this matter and may end up taking it to small claims court, but I just want to be certain that I have the law on my side.

Interesting story.

If you have a legal question, please feel free to post it.

And, in anticipation of your posting: What code section were you charged with violating?

[FarmerJ]

DO you have handicap lic plate or hanging shingle for your mirror ?

[westonschmeston]

I guess my question is this: Am I right or wrong? I know this is something small, but I've been screwed by this parking enforcement company before and I'm not going to let it happen again. I've spent hours poring over the state (Utah) and city (Provo) code as well as ADA and federal regulations and pretty much everything I've found has been in support of my position. I wasn't charged with violating any section of any code because it was a private parking enforcement agency that immobilized my vehicle in a private parking facility. The president of the enforcement company said that because they're private that they go by different rules. But the law still applies to them as well as to the apartment complex. A parking space reserved for the disabled can only be enforced as such if it is clearly marked according to the law. And to answer your question, no I do not have a handicapped permit. I didn't know it was a handicapped space because I parked there at night and there was no vertical signage.

[TheGeekess]

Originally Posted by westonschmeston

I guess my question is this: Am I right or wrong? I know this is something small, but I've been screwed by this parking enforcement company before and I'm not going to let it happen again. I've spent hours poring over the state (Utah) and city (Provo) code as well as ADA and federal regulations and pretty much everything I've found has been in support of my position. I wasn't charged with violating any section of any code because it was a private parking enforcement agency that immobilized my vehicle in a private parking facility. The president of the enforcement company said that because they're private that they go by different rules. But the law still applies to them as well as to the apartment complex. A parking space reserved for the disabled can only be enforced as such if it is clearly marked according to the law. And to answer your question, no I do not have a handicapped permit. I didn't know it was a handicapped space because I parked there at night and there was no vertical signage.

But it was marked with the universal symbol for handicapped painted on the space. You should have seen that if your headlights were working when you pulled into that space.

[westonschmeston]

Originally Posted by TheGeekess

But it was marked with the universal symbol for handicapped painted on the space. You should have seen that if your headlights were working when you pulled into that space.

First of all, the painted symbol wasn't visible at night even with my headlights on because the paint is not reflective like the signs are and the light in the parking lot was broken. And that's beside the point anyway. It cannot be considered a space reserved for disability parking and enforced as such if there is no vertical signage indicating as much. That's what the city and state law says. What I want to know is whether or not private residential facilities that use private parking enforcement companies go by different rules or if the law (that a vertical sign is required to indicate a reserved disability parking space) still applies to them.

[Zigner]

Originally Posted by westonschmeston

First of all, the painted symbol wasn't visible at night even with my headlights on because the paint is not reflective like the signs are and the light in the parking lot was broken. And that's beside the point anyway. It cannot be considered a space reserved for disability parking and enforced as such if there is no vertical signage indicating as much. That's what the city and state law says. What I want to know is whether or not private residential facilities that use private parking enforcement companies go by different rules or if the law (that a vertical sign is required to indicate a reserved disability parking space) still applies to them.

Ok, what are your damages?

[Ozark_Sophist]

If space is not marked legally according to the law of your state and/or local political authority, take a picture and copy of relevant statute or code to court or appeal process. The Americans with Disabilities Act Accessibility Guidelines require vertical signage and access aisle for a space to be considered accessible.

[westonschmeston]

Originally Posted by Ozark_Sophist

If space is not marked legally according to the law of your state and/or local political authority, take a picture and copy of relevant statute or code to court or appeal process. The Americans with Disabilities Act Accessibility Guidelines require vertical signage and access aisle for a space to be considered accessible.

The fee to get the boot removed was $50, but I am also seeking damages of $80 for a missed day of work and $120 for the time (multiple hours) and effort spent researching the applicable code before I take it to mediation (required by my university because it is university-approved off-campus housing). If mediation proves unfruitful then I am ready to take it to small claims court. The city code clearly states that if a vehicle is towed or immobilized illegally then the owner of the vehicle has a civil litigation suit of up to $500. I talked to the city inspector who approved the said facility where my vehicle was immobilized and he refuses to write a letter supporting my situation because he says we are on different sides. I've already taken pictures and copies of all the relevant sections of code. I'm not sure where I can look to find applicable statutes. I understand that the ADA guidelines were instituted for the benefit of disabled individuals, but in this case those same guidelines were improperly applied in immobilizing my vehicle.

[Zigner]

Originally Posted by westonschmeston

The fee to get the boot removed was $50, but I am also seeking damages of $80 for a missed day of work and $120 for the time (multiple hours) and effort spent researching the applicable code before I take it to mediation (required by my university because it is university-approved off-campus housing). If mediation proves unfruitful then I am ready to take it to small claims court. The city code clearly states that if a vehicle is towed or immobilized illegally then the owner of the vehicle has a civil litigation suit of up to $500. I talked to the city inspector who approved the said facility where my vehicle was immobilized and he refuses to write a letter supporting my situation because he says we are on different sides. I've already taken pictures and copies of all the relevant sections of code. I'm not sure where I can look to find applicable statutes. I understand that the ADA guidelines were instituted for the benefit of disabled individuals, but in this case those same guidelines were improperly applied in immobilizing my vehicle.

You're arguing over $50