# Legal question- can you get a handicapped parking ticket if you own the parking lot? **URL:** \ **Category:** Factual Questions\ **Created:** [January 17, 2017, 1:23pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383 "2017-01-17T13:23:34Z")\ **Posts on this page:** 17\ **Page:** 2
**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\ **Post date:** [January 18, 2017, 3:34pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/21 "2017-01-18T15:34:34Z")
While working at a landscape company, the owner temporarily stuck some statuary in the handicapped spot (we had no handicapped employees). Someone, presumably a disgruntled worker, called the cops and we got a ticket for it. Granted, the owner knew the mayor and I’m sure the ticket disappeared but, in theory, any obstruction of the legally mandated handicapped spot can get you in trouble. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 18, 2017, 4:30pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/22 "2017-01-18T16:30:36Z")
> [@Duckster](#): > > Short answer - Disabled parking requirements are found at 28 CFR Part 36. > > Longer answer - A disabled parking space is a disabled parking space is a disabled parking space. It doesn’t matter if you own the property and have disabled parking. You don’t get a freebie. You have to abide by the law like everyone else. Neither of those answers is really relevant, though. First, the ADA’s enforcement provisions do not include traffic tickets. An entity which fails to provide appropriate disabled parking spaces can be fined or sued, but not ticketed. Traffic infractions, including disabled parking violations, are strictly a matter of state law. And in many states, a disabled parking space is _not_ a disabled parking space unless it is _actually_ a disabled parking space. That is, it must be marked according to state law. For example, in Florida a citation cannot be issued unless the space is appropriately signed: > [@](#): > > The space must be posted with a permanent above-grade sign of a color and design approved by the Department of Transportation, which is placed on or at least 60 inches above the finished floor or ground surface measured to the bottom of the sign and which bears the international symbol of accessibility meeting the requirements of s. 703.7.2.1 of the standards and the caption “PARKING BY DISABLED PERMIT ONLY.” Such a sign erected after October 1, 1996, must indicate the penalty for illegal use of the space. ---
**Author:** ![Lucas\_Jackson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lucas_jackson/32/303_2.png) [@Lucas\_Jackson](https://boards.straightdope.com/u/Lucas_Jackson)\ **Post date:** [January 18, 2017, 4:35pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/23 "2017-01-18T16:35:49Z")
I am a manager of an apartment complex. We have two city police officers that live here. I ask them this same question. According to them, they can’t ticket anyone in a private lot. So in California, no. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 18, 2017, 5:55pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/24 "2017-01-18T17:55:19Z")
> [@White SIFL](#): > > I am a manager of an apartment complex. We have two city police officers that live here. I ask them this same question. According to them, they can’t ticket anyone in a private lot. > > So in California, no. This is not true. But yes, they have to be called in. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [January 19, 2017, 2:35am UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/25 "2017-01-19T02:35:07Z")
In Washington State, you need to have a sign designating a spot as a handicapped space. [RCW 46.61.581](http://app.leg.wa.gov/rcw/default.aspx?cite=46.61.581) If you only paint a space it is unenforceable. I worked at a Toys R Us store 20 years ago and they didn’t have signs for their handicap spaces because they didn’t want to pay the money to erect them, so they couldn’t call the cops when somebody parked there in violation. What I’m not aware of is whether or not the store got fined for not providing legal handicap spaces. Knowing how dodgy that store was, I’m guessing they just hoped nobody reported them. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [January 19, 2017, 3:02am UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/26 "2017-01-19T03:02:07Z")
> [@Snnipe\_70E](#): > > An official handicap parking space is defined by blue symbol. If it is not painted blue it does not meet the legal standard. 1st to state this was the officer ticketing the cars, and checking the head of the food bank checked the vehicle code to be sure. > [@](#): > > 502.3.3 Marking. **The method and color of marking are not specified by these requirements but may be addressed by State or local laws or regulations.** Because these requirements permit the van access aisle to be as wide as a parking space, it is important that the aisle be clearly marked. [Redirecting…](https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/ada-standards/chapter-5-general-site-and-building-elements#502%20Parking%20Spaces) The parking spot must be signed by the international blue symbol. The color of the pavement is not specified. Unless the cop was addressing the sign, or there is a local law distinction, the cop is incorrect. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [January 19, 2017, 6:28pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/27 "2017-01-19T18:28:42Z")
> [@White SIFL](#): > > I am a manager of an apartment complex. We have two city police officers that live here. I ask them this same question. According to them, they can’t ticket anyone in a private lot. > > So in California, no. No, that’s not correct. But I expect they said this because they didn’t want you calling on them in their off-duty time. ---
**Author:** ![drad\_dog](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@drad\_dog](https://boards.straightdope.com/u/drad_dog)\ **Post date:** [January 19, 2017, 6:41pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/28 "2017-01-19T18:41:36Z")
Then how are handicap slots determined for a private company only lot? If they have to make 5 of them, can a person require that they provide another one for them? ---
**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\ **Post date:** [January 19, 2017, 7:47pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/29 "2017-01-19T19:47:49Z")
> [@Bricker](#): > > In Virginia, the answer is yes. If the parking lot is open to the public roadway and the public is permitted to park there, you can get a ticket even if you own the property. Same in CA. Friend bought a building for a cabinet shop. converting it required updating the building to handicapped accessible, including parking. Even though he owned the building, and the lot, he was warned not to park in the spot without a proper permit. ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [January 19, 2017, 8:29pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/30 "2017-01-19T20:29:45Z")
> [@drad\_dog](#): > > Then how are handicap slots determined for a private company only lot? If they have to make 5 of them, can a person require that they provide another one for them? [https://www.ada.gov/restripe.pdf](https://www.ada.gov/restripe.pdf) (PDF warning) ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [January 19, 2017, 9:56pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/31 "2017-01-19T21:56:23Z")
> [@drad\_dog](#): > > Then how are handicap slots determined for a private company only lot? If they have to make 5 of them, can a person require that they provide another one for them? There are ADA rules that determine the number needed. As I recall, it’s basically 1 handicapped spot per 25 parking spaces. Generally, most private lots will do the same.\* And it works just the same for handicapped drivers: if all the parking spots are full, you park elsewhere, or hang around until someone leaves. They don’t have to add a 6th handicapped spot just because you found all 5 full. (Of course, complaining to the company that “I can’t come to your company because there are never any parking spots” may get them to take some action – companies want customers!) \*I’m finding it hard to think of any ‘private’ company that wouldn’t _want_ to have handicapped parking spots. Any business would want to welcome handicapped customers, an apartment building would want handicapped tenants, a company not open to the public would want to consider handicapped employees, etc. ---
**Author:** ![drad\_dog](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@drad\_dog](https://boards.straightdope.com/u/drad_dog)\ **Post date:** [January 20, 2017, 1:11am UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/32 "2017-01-20T01:11:28Z")
> [@t-bonham@scc.net](#): > > There are ADA rules that determine the number needed. As I recall, it’s basically 1 handicapped spot per 25 parking spaces. Generally, most private lots will do the same.\* And it works just the same for handicapped drivers: if all the parking spots are full, you park elsewhere, or hang around until someone leaves. They don’t have to add a 6th handicapped spot just because you found all 5 full. (Of course, complaining to the company that “I can’t come to your company because there are never any parking spots” may get them to take some action – companies want customers!) > > \*I’m finding it hard to think of any ‘private’ company that wouldn’t _want_ to have handicapped parking spots. Any business would want to welcome handicapped customers, an apartment building would want handicapped tenants, a company not open to the public would want to consider handicapped employees, etc. You have never been a public employee I take it. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [January 20, 2017, 2:07am UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/33 "2017-01-20T02:07:18Z")
> [@t-bonham@scc.net](#): > > \*I’m finding it hard to think of any ‘private’ company that wouldn’t _want_ to have handicapped parking spots. Any business would want to welcome handicapped customers, an apartment building would want handicapped tenants, a company not open to the public would want to consider handicapped employees, etc. Having a handicapped spot means losing a regular spot. If all of the parking spots are full except the handicapped spots, the next customer who comes to park at your business must either break the law or park somewhere else. (Or were you being sarcastic and I got whooshed?) ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [January 20, 2017, 4:44am UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/34 "2017-01-20T04:44:04Z")
> [@drad\_dog](#): > > You have never been a public employee I take it. Well, yes actually I was, for about 1/3rd of my working life. But I don’t see whatever connection you are trying to make. > [@Atamasama](#): > > Having a handicapped spot means losing a regular spot. If all of the parking spots are full except the handicapped spots, the next customer who comes to park at your business must either break the law or park somewhere else. > > (Or were you being sarcastic and I got whooshed?) Only 4% of the parking spaces are required for handicapped spots – 96% are regular parking spaces. If the parking lot at your business is more than 96% full frequently, you need to deal with that problem. Also, given the aging population, the number of people handicapped by accidents, birth defects, & military injuries, I suspect that more than 4% of people would be eligible for handicapped parking placards. If these spots sit empty all the time, somehow your business is not appealing to a big group of potential customers. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [January 20, 2017, 2:18pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/35 "2017-01-20T14:18:01Z")
> [@t-bonham@scc.net](#): > > Only 4% of the parking spaces are required for handicapped spots – 96% are regular parking spaces. If the parking lot at your business is more than 96% full frequently, you need to deal with that problem. > > Also, given the aging population, the number of people handicapped by accidents, birth defects, & military injuries, I suspect that more than 4% of people would be eligible for handicapped parking placards. If these spots sit empty all the time, somehow your business is not appealing to a big group of potential customers. Makes sense. But if you’re a business owner, you may be seeing it this way… A handicapped person can park in a regular spot, but a non-handicapped person can’t legally park in a handicap-designated spot. Therefore a handicapped spot is a potential loss of business. Both my mom and mother-in-law have placards and have a good deal of trouble getting around. I’m glad that businesses have handicap spots and I could see a handicapped customer deciding to take their business elsewhere if they have to walk all the way across the lot to go into a business. I’m just saying many business owners may not see it that way. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [January 20, 2017, 6:02pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/36 "2017-01-20T18:02:19Z")
> [@Atamasama](#): > > Having a handicapped spot means losing a regular spot. If all of the parking spots are full except the handicapped spots, the next customer who comes to park at your business must either break the law or park somewhere else. Then, if your parking lot if that limited, you are _always_ losing business. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [January 20, 2017, 6:23pm UTC](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383/37 "2017-01-20T18:23:24Z")
> [@DrDeth](#): > > Then, if your parking lot if that limited, you are _always_ losing business. Not necessarily, if you only experience that during certain sales or other special events. I’ve personally been to a number of businesses (especially restaurants) where every space is occupied except one or two handicapped spaces, during peak business hours. It happens and it’s not that rare. Actually I’m happy when I see that situation because that means people are respecting the handicap parking law. [Previous page](https://boards.straightdope.com/t/legal-question-can-you-get-a-handicapped-parking-ticket-if-you-own-the-parking-lot/777383.md?page=1)