Meter Parking at CSULB-

[heath_durbin]

What is the name of your state? California

I'm looking for a lawyer who would like to take this case...

What do you think of this letter?

Am I right?
********

March 11, 2008


CSULB parking enforcement
1250 Bellflower Boulevard
Long Beach, California 90840

RE: Parking meters- Illegal Tickets
To Whom It May Concern:

My name is Heath Edward James Durbin, Student ID #####, CA DL # ###### Disabled Person Placard #######. I have received two parking tickets at CSULB for parking in the METER parking without a CSULB Permit while my valid Disabled Person Placard was properly displayed. The tickets both said “REM2: H-PLCRD NOT VALID W/OUT CSULB PMT”

My “DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD” is clear to say “WHEN YOUR PLACARD IS PROPERLY DISPLAYED, YOU MAY PARK IN/ON: … *METERED ZONES WITHOUT PAYING * GREEN ZONES WITHOUT RESTRICTIONS TO TIME LIMITS…” It is absurd to think that CSULB is exempt from this law, or that you can change the rules to your liking.

I have spoken to a few of your parking enforcement agents as well as people in your parking office, they have all told me the same. If you PAY at the meter, you do not need a permit, but if you have a Disabled Person Placard at the meter, you MUST also have a CSULB permit or pay the meter to park. On 3/10/08 I went in to the office again, and asked, “If I pay the parking meter do I need a parking permit?” Natolia said “As long as you pay the meter you can park (pause) that is like paying for your permit” Is the Disabled Person Placard not paying the meter for me?

Someone in DSS told me CSULB is private property (and that is why she thinks they get away with giving tickets like this), thus the CSULB permit is required. As I showed above the CSULB permit is not required for people paying the meter, so it should not be required for those who park in metered zones with a Disabled Person Placard displayed. In fact, CSULB is NOT private property, it is STATE property. However if it were private property, it should be operated like they do at Disneyland. There they have on-site Metered & green zone parking areas. These locations still allow free parking for vehicles with a Disabled Person Placard displayed.

Please revise your Parking Ticket Policy so you are within the law. Also, please dismiss all of my parking tickets due to your illegal issuance of parking tickets.

Sincerely,


Heath Durbin


CC: President F. King Alexander
Los Angles, District Attorney
Law Offices of Damian M. Nolan

[moburkes]

You won't find that lawyer on this board:

Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations...

[Zigner]

You need to have a student permit to park in the student lots...it's not that tough of a concept

[The Occultist]

On the university campus in my town, there are a few handicapped spots open to anybody that are in public metered lots, but there are also handicap spots that require you to have a parking pass on top of the placard. You may be disabled, but you're still taking up parkings spots.

[heath_durbin]

Originally Posted by Zigner

You need to have a student permit to park in the student lots...it's not that tough of a concept

Why should I have to have a parking permit, if when a non disabled person parks in the same spot he/she dose not need a CSULB Permit?

[CdwJava]

Originally Posted by heath_durbin

Why should I have to have a parking permit, if when a non disabled person parks in the same spot he/she dose not need a CSULB Permit?

Because the university can waive that requirement for paid parkers. If the policy is that you must pay the meter or have a permit, they can do that. You are neither paying the meter nor do you have a permit. Your placard says you do not have to pay the meter, but, then, you apparently do not fall into the waiver process they have in place. And since you have received numerous parking cites for the same thing I'd say it's hard to argue that you did not know this was the case.

It would be a LOT cheaper for you to purchase a permit.


- Carl

[heath_durbin]

I feel they are breaking the LAW!

I don't feel the ticket is legal, I think they are trampling on my rights. I have only got two, the first one on accident, because I do have a permit, I was just in my mom's car. The second I got on purpose so I could show it was not just a fluke.

If they had a sign, that said, "People with disabled placards must also have a CSULB parking permit to park in meter parking" I would not be as upset, but they would never do that, because ADA lawyers would be over them like a heard of lions chasing a zebra. They are trying to be sneaky!!! That is why I'm upset. It is disgraceful for a California State University to conduct business in this unethical manner!

[Zigner]

Originally Posted by heath_durbin

I feel they are breaking the LAW!

Fine - send your letter if it makes you feel better...

[CdwJava]

Originally Posted by heath_durbin

I feel they are breaking the LAW!

What you "feel" and $3.80 will get you a Venti Mocha at Starbucks.

I don't feel the ticket is legal, I think they are trampling on my rights. I have only got two, the first one on accident, because I do have a permit, I was just in my mom's car. The second I got on purpose so I could show it was not just a fluke.

Then follow the process to contest citations (likely it does NOT involve sending a letter to them), attend the hearing (which will be before an administrative panel appointed by the university and not a court) and state your case. if you lose, there will be an appeals process. If you disagree with the result of the appeal, you can then go to court ... though if you lose, you may be liable for the costs.

I note that you intend to CC this letter to the DA. Why? The DA is not involved in this at all. Parking tickets are not court matters until it gets past the initial appeal.

The law is not quite as clear-cut as you seem to think it is. I suspect that the end result of this might be that they will decide to require EVERYONE who uses the metered parking spots to have a parking permit.

- Carl

[heath_durbin]

Tell me if that dose not make it clear?

CALIFORNIA CODES
EDUCATION CODE
SECTION 67300-67302


67301. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt rules and
regulations prescribing requirements similar to those provided by
Section 22511.5 of the Vehicle Code and all other applicable sections
of the Vehicle Code relating to parking exemptions for disabled
persons, as defined by Section 295.5 of the Vehicle Code, and
disabled veterans, as defined by Section 295.7 of the Vehicle Code.
The rules and regulations shall include authorization to park for
unlimited periods in time-restricted parking zones and to park in any
metered parking space without being required to pay any parking
meter fee or to display a parking permit other than pursuant to
Section 5007 or 22511.55 of the Vehicle Code, provided those spaces
are otherwise available for use by the general public. The adopted
regulations shall authorize parking at campus facilities and grounds
by students with disabilities and by persons providing transportation
services to students with disabilities. Except as otherwise
provided in this section, students with disabilities and persons
providing transportation to students with disabilities shall be
required to display a valid parking permit, if applicable, for the
campus attended. Nothing in this section prohibits the adoption of
rules and regulations providing greater accessibility for students
with disabilities and persons providing transportation services to
those students.
The adopted rules and regulations shall exempt students with
disabilities and persons providing transportation services to these
persons from any applicable parking restrictions in areas including,
but not limited to, metered parking spaces and parking facilities
designated for use by students, faculty, administrators, and
employees.
(b) The Regents of the University of California may provide, and
the Trustees of the California State University shall provide, and
the Board of Governors of the California Community Colleges shall
adopt rules and regulations requiring the governing board of each
community college district to provide, visitor parking at each campus
of the university or district at no charge for a disabled person, as
defined by Section 295.5 of the Vehicle Code, or disabled veteran,
as defined by Section 295.7 of the Vehicle Code, or as defined by
each segment's policy concerning the provision of services to
students with disabilities, whichever is more inclusive, and for
persons providing transportation services to individuals with
disabilities. Whenever parking designated for a disabled person is
provided on any campus of the University of California, the
California State University, or a community college district in a
facility controlled by a mechanical gate, that university or district
shall also provide accommodations for any person whose disability
prevents him or her from operating the gate controls. These
accommodations may be provided by making arrangements for disabled
persons to be assisted in the operation of the gate controls, or
through other effective and reasonable means the university or
district may devise. Nothing in this subdivision shall be construed
to require the replacement or elimination of special parking
facilities restricted for the use of disabled persons located on the
campuses of these universities or districts.
It is the intent of the Legislature that community college
districts shall utilize the proceeds from parking fees charged to
community college students and employees to offset costs incurred by
these districts in accommodating disabled persons pursuant to the
requirements of this section.
(c) The Board of Governors of the California Community Colleges
and the Trustees of the California State University shall, and the
Regents of the University of California may, establish procedures for
the purpose of conducting biennial audits to determine whether
individual campuses are in compliance with all state building code
requirements relating to the location and the designation of minimum
percentages of available campus parking spaces for use by students
with disabilities, as determined by guidelines of Section 14679 of
the Government Code, Section 2-7102 of Title 24 of the California
Code of Regulations, Part 40 (commencing with Section 40.1) of Title
24 of the Code of Federal Regulations, Section 1190.31 of Title 36 of
the Code of Federal Regulations, or their successor provisions, or
any other applicable provisions of law, whichever provides the
greater accessibility for disabled persons.

[heath_durbin]

67301. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt rules and
regulations prescribing requirements similar to those provided by
Section 22511.5 of the Vehicle Code and all other applicable sections
of the Vehicle Code relating to parking exemptions for disabled
persons, as defined by Section 295.5 of the Vehicle Code, and
disabled veterans, as defined by Section 295.7 of the Vehicle Code.
The rules and regulations shall include authorization to park for
unlimited periods in time-restricted parking zones and to park in any
metered parking space without being required to pay any parking
meter fee or to display a parking permit other than pursuant to
Section 5007 or 22511.55 of the Vehicle Code, provided those spaces
are otherwise available for use by the general public. The adopted
regulations shall authorize parking at campus facilities and grounds
by students with disabilities and by persons providing transportation
services to students with disabilities. Except as otherwise
provided in this section, students with disabilities and persons
providing transportation to students with disabilities shall be
required to display a valid parking permit, if applicable, for the
campus attended. Nothing in this section prohibits the adoption of
rules and regulations providing greater accessibility for students
with disabilities and persons providing transportation services to
those students.
The adopted rules and regulations shall exempt students with
disabilities and persons providing transportation services to these
persons from any applicable parking restrictions in areas including,
but not limited to, metered parking spaces and parking facilities
designated for use by students, faculty, administrators, and
employees.

[moburkes]

What do the other 2 sections (5007 and the other one) say?

[Zigner]

Originally Posted by heath_durbin

Except as otherwise
provided in this section, students with disabilities and persons
providing transportation to students with disabilities shall be
required to display a valid parking permit, if applicable, for the
campus attended.

Heath -

Yep, it's PERFECTLY clear that you must display a valid parking permit for the campus attended.