Tickets and towing while displaying Handicap permit in handicapped parking spaces

[Popeye2000]

What is the name of your state? Florida

I am located in Gainesville, FL. A few months ago I was reduced to crutches, and was authorized a temporary handicap permit. Since I have received the permit, I have received nothing but trouble when it comes to parking.

The first instance involved a parking lot with a clearly visible Handicapped sign, where I parked, and displayed my temporary permit on the rear view mirror as required. When I came back I found that my vehicle was towed. Apparently the lot was private, but I would of thought that since the regulation requiring handicapped spaces is in the state statutes, that it is exempt...A regulatory taking per se, with a compelling state interest in providing persons with handicapped permits convenient parking to minimize the amount of foot travel required to their desired location. The statute of interest I found was Fl. Stat. 553.5041. When I went to retrieve my vehicle from the towing company (an officer drove me there after I reported my car stolen), they made me wait out front of their building for almost 3 1/2 hours (on crutches mind you), in a less than desirable neighborhood.

The second instance involves the University of Florida Campus. Again I parked in a clearly marked handicapped space, while displaying my temporary handicapped permit. I came out to find a parking citation because I had not purchased an additional parking permit to be allowed to park on campus. I would think that not only 553.5041 applies, but also under some reciprocity doctrine, since private efforts to regulate handicapped parking availability would stifle the state's goal of providing convenient parking to those with disabilites?

Can someone please advise me on what I should do in each instance.

ThanksWhat is the name of your state?

 

[PrinceCharming]

I hope you feel better. With regards to parking, I think you should look for other signs in the lot in the future.

In NJ, there are metered parking spots reserved for the disabled, but the disabled still has to put in a quater.

It seems to me that for you to park in those lots, you need an additional requirement.

 

[Ozark_Sophist]

The second issue is common, but I have yet to find out how it could be considered legal under the ADA.

 

[moburkes]

I agree with PC. The handicapped permit doesn't mean that you cannot park in a private company's lot. It means that, for people doing business with that company, who are handicapped and have a permit, they can park there.

For the university, it doesn't give you a free pass to violate their additional requirements of a permit.

 

[moburkes]

The second issue is common, but I have yet to find out how it could be considered legal under the ADA.

I don't understand your logic. In order to park in the lot, on school property, you still must purchase a permit. ADA doesn't permit you to bypass other rules, in order to be accomodated.

 

[seniorjudge]

The statute requires a disabled parking permit.

That is defined here:

http://www.hsmv.state.fl.us/dmv/disabled_pkg.html

If you followed both laws, then plead not guilty and ask for a trial.

Show the judge those statutes.

 

[moburkes]

http://www.parking.ufl.edu/pages/parkingdec.htm

All individuals who wish to park a motor vehicle on campus during restricted hours must display a valid parking decal or permit or park in a metered space and pay the appropriate fee. Restricted hours are 7:30 am to 4:30 pm, unless otherwise indicated.

A UF parking decal will enable the holder to park a motor vehicle in the parking facilities that specific decal is designated for. The purchase of a parking decal does not guarantee a parking space.

http://www.parking.ufl.edu/pages/disabled.htm

If you are a student, faculty or staff member and park on campus using a state-issued Disabled Persons Parking Placard, you are required to purchase a UF Disabled persons parking decal. You must also display BOTH (State given as well as University given) Disabled Placards on your vehicle to avoid Citations. If you have a mobility-related disability, you may be eligible for special parking accommodations by purchasing a UF Disabled Persons Decal.

 

[Ozark_Sophist]

Moburkes, Florida state statutes specifically prohibit charging fees (316.1964) with limited exceptions (not including universities). In addition, because it is a public building, the campus is required to provided accessible parking per the ADA.

316.1964 Exemption of vehicles transporting certain persons who have disabilities from payment of parking fees and penalties.--

(1) A state agency, county, municipality, or any agency thereof, may not exact any fee for parking on the public streets or highways or in any metered parking space from the driver of a vehicle that displays a disabled parking permit or a license plate issued under s. 316.1958 or s. 320.0848 or a license plate issued under s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845 if the vehicle is transporting the person who has a disability and to whom the disabled parking permit or license plate was issued.

(2) The driver of a vehicle that is parked as provided in subsection (1) may not be penalized for parking, except in clearly defined bus loading zones, fire zones, or access aisles adjacent to the parking spaces for persons who have disabilities, or in areas posted as "No parking" zones or as emergency vehicle zones, or for parking in excess of the posted time limits.

 

[moburkes]

This was not a metered space.

 

[Ozark_Sophist]

I don't understand your logic. In order to park in the lot, on school property, you still must purchase a permit. ADA doesn't permit you to bypass other rules, in order to be accomodated.

It is public property. Educational facilities are Title II and as such are required to meet ADA standards for numbers of ADA accessible parking. For example, if a member of the public wanted to go to the bookstore, he or she could park in accessible parking adjacent to the bookstore. The way universities have set it up, the person parking there would get a ticket even if they have a state issued accessible parking plate or placard.

 

[Ozark_Sophist]

This was not a metered space.

How do you know? Did you issue the ticket?

 

[moburkes]

http://www.parking.ufl.edu/pages/disabled.htm

The UF Disabled Persons Decal grants registered students, faculty and staff the opportunity to park in any disabled, decal-restricted or metered space on campus. The permit will not be honored in gated parking areas, reserved spaces and no parking areas. Qualifying full-time faculty and staff may request a reserved parking space close to their primary workplace (please inform Transportation and Parking Services during the review process).

UF faculty, staff and students choosing not to purchase the UF Disabled Persons decal are reminded that the state-issued placard will be valid only in metered spaces and marked disabled spaces located on streets. The placard alone without the required accompanying UF decal will not be acceptable in any UF parking lot or garage-including the disabled spaces within those lots and garages. Violators are subject to ticketing.

The UF Disabled Persons Decal is intended to control the illegal use of state-issued Disabled Persons Parking Placards on campus and ensure maximum access to parking accommodations for the disabled. We apologize for any inconvenience you may experience and we thank you for your cooperation.


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Obviously I didn't issue the ticket. OP never said that he parked in a metered space. He simply stated that he parked on campus. Now, had the space been metered, then the ticket writer was in error.

 

[PrinceCharming]

I am the one who wrote about the metered space. That law applies to the State of NJ.

 

[Popeye2000]

No the spaces in both instances were not metered. Some seem to agree with my logic, while others disagree. Infact the nearest location on campus for metered parking is about 1 mile from my classes....crutching one mile on crutches sucks, and defeats the purpose I wanted a handicapped permit for...considering I live 1/2 mile from campus (trust me crutching 1/2 mile sucks)

The point, I think, is that the penalties and fines for parking in designated in handicapped spaces are regulated by the state, not to mention those spaces are required by the state.

I seem to agree with some of what Ozark said. Despite the UF rules they imposed, there is nothing in the statute that authorizes a public university the right to charge an additional fee for handicapped spaces. Just because they wrote a rule, and posted it online does not necessarily make it a good campus law.

Here is the thing. I am a student and live about 1/2 mile from campus. No bus serves my route, and I typically walk or ride my bicycle to school. I did not ask to be injured, it was an accident. So now I am required to pay for a $125 parking permit so that during the time of my temporary disability I can attend my classes? Just doesnt seem right, nor does it sit well.

On the towing incident does anyone think I had a valid claim for trespass and/or conversion and even perhaps pain and suffering since they told me to goto the tow yard, and knowing good and well I was there (since I called them 10 times in 3 hours) made me wait standing on crutches?

 

[Ozark_Sophist]

http://www.parking.ufl.edu/pages/disabled.htm

The UF Disabled Persons Decal grants registered students, faculty and staff the opportunity to park in any disabled, decal-restricted or metered space on campus. The permit will not be honored in gated parking areas, reserved spaces and no parking areas. Qualifying full-time faculty and staff may request a reserved parking space close to their primary workplace (please inform Transportation and Parking Services during the review process).

UF faculty, staff and students choosing not to purchase the UF Disabled Persons decal are reminded that the state-issued placard will be valid only in metered spaces and marked disabled spaces located on streets. The placard alone without the required accompanying UF decal will not be acceptable in any UF parking lot or garage-including the disabled spaces within those lots and garages. Violators are subject to ticketing.

The UF Disabled Persons Decal is intended to control the illegal use of state-issued Disabled Persons Parking Placards on campus and ensure maximum access to parking accommodations for the disabled. We apologize for any inconvenience you may experience and we thank you for your cooperation.


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Obviously I didn't issue the ticket. OP never said that he parked in a metered space. He simply stated that he parked on campus. Now, had the space been metered, then the ticket writer was in error.

And it still doesnt matter. An educational institution that relys in part on federal money cannot create rules that violate the ADA, state or federal codes. To do so is a Title II discrimination violation.