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ADA and parking

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NoKids4Me

Junior Member
If I am posting this in the wrong area, please correct me - I couldn't figure out which was the best place.

We own a shopping center. We would like to close down a portion of the parking lot every evening after the shopping center's business hours. This closure would include a large enough number of our accessible parking spaces that we would be out of compliance with the ADA, if it were during business hours. Our concern is, since we are not open, are we able to close these accessible parking spaces? I know this sounds like a stupid question, but I've dealt with enough Federal regulations in the past that I'm anxious to consider every possibility before making a decision.

Thanks in advance for your input!
 


Zigner

Senior Member, Non-Attorney
What US state?

If the shopping center is closed to the public, then the lot should be as well. If you close a part of the lot, then close it all.
 

FlyingRon

Senior Member
In Zig's sentiment, what are you using the parking lot for while the spaces are closed. If goods or services are still being provided to the public there, you need the ADA compliant number of spaces (possibly reduced by the number of other spaces removed as well). I'm envisioning that you have an internet carnival or farmers/flea market. Those would be trigger the requirement.
 

NoKids4Me

Junior Member
Sorry, it's Texas.

We want to close it off because it's adjacent to an office building. It's closer to the office building than the office building's parking lot, so the people who work in that building park in our lot when they get to work at 8. Then, when our shopping center opens at 10, there's nowhere for the customers to park. So, we thought that if we close off our lot, the office building employees will park in their own lot instead.

It's not really feasible to close off the entire lot, but the section that's adjacent to the office building COULD be closed off quite easily.
 

Just Blue

Senior Member
Sorry, it's Texas.

We want to close it off because it's adjacent to an office building. It's closer to the office building than the office building's parking lot, so the people who work in that building park in our lot when they get to work at 8. Then, when our shopping center opens at 10, there's nowhere for the customers to park. So, we thought that if we close off our lot, the office building employees will park in their own lot instead.

It's not really feasible to close off the entire lot, but the section that's adjacent to the office building COULD be closed off quite easily.
Have you put up signs that state: "Parking for customers only. Violators will be towed at owners expense"?
 

LdiJ

Senior Member
Sounds like you better put some disabled parking places in the part that remains open.
I am not sure that I agree. I think its perfectly acceptable to limit parking to only the customers of the mall. They would need to post lots of signs saying so, and perhaps even state that non-authorized parkers will be towed, but they should be able to stop the people in the office building parking in their lot.
 

NoKids4Me

Junior Member
We have posted the signs. We really don't want to tow anyone's car (every one of those office workers is a potential customer, after all) which is why we were wanting to use the "close the parking lot" option. We may need to start doing that, though, unfortunately.
 

justalayman

Senior Member
We have posted the signs. We really don't want to tow anyone's car (every one of those office workers is a potential customer, after all) which is why we were wanting to use the "close the parking lot" option. We may need to start doing that, though, unfortunately.
If you are worried about offending the violators you’ve pretty much ruled out doing what it takes to remedy the situation. While prohibiting them from parking there isn’t as offensive as towing their cars,, it’s bound to upset some people (the entitled folks)


Have you spoken to the actual employers about the issue? If you let the employer know they may be willing to address their employees.
 

NoKids4Me

Junior Member
We have spoken to the office building's property manager; she expressed a lack of concern. Unfortunately, it's a large office building and we don't know which of the many employers the offenders work for.

We are willing to tow if it becomes necessary - we were just hoping for a kinder, gentler resolution. You all are helping me to see, though, that we don't have much choice. Thank you all very much for chiming in.
 

justalayman

Senior Member
We have spoken to the office building's property manager; she expressed a lack of concern. Unfortunately, it's a large office building and we don't know which of the many employers the offenders work for.

We are willing to tow if it becomes necessary - we were just hoping for a kinder, gentler resolution. You all are helping me to see, though, that we don't have much choice. Thank you all very much for chiming in.
I said employers. The building manager has no authority in this situation. The employers do.

If it isn’t important enough to spend the time visiting each employer than I guess it isn’t that big of a deal for you either.
 

Just Blue

Senior Member
We have spoken to the office building's property manager; she expressed a lack of concern. Unfortunately, it's a large office building and we don't know which of the many employers the offenders work for.

We are willing to tow if it becomes necessary - we were just hoping for a kinder, gentler resolution. You all are helping me to see, though, that we don't have much choice. Thank you all very much for chiming in.
Go to the lot in the morning and each person that parks in your lot tell them to move their car and if they park there again they will be towed. If they park there again...tow them.
 

Zigner

Senior Member, Non-Attorney
Go to the lot in the morning and each person that parks in your lot tell them to move their car and if they park there again they will be towed. If they park there again...tow them.
I would suggest a small flyer for each car, along with signs of the impending tow policy. Do that for two weeks...
 

justalayman

Senior Member
Texas law requires posting signs. If the signs are not posted, no amount of verbal notice or flyers will provide op protections for violating the law. It may get quite expensive for the op to tow cars without complying with the applicable laws.
 

Zigner

Senior Member, Non-Attorney
Texas law requires posting signs. If the signs are not posted, no amount of verbal notice or flyers will provide op protections for violating the law. It may get quite expensive for the op to tow cars without complying with the applicable laws.
Did you miss the part about signs?
 
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