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.
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:
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.
In Washington State, you need to have a sign designating a spot as a handicapped space.
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.
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.
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.
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?
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.
https://www.ada.gov/restripe.pdf (PDF warning)
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.
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?)
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.
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.
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.