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Thread: Need some ADA & parking advice...

  1. #1
    Senior Member krstofer's Avatar
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    Need some ADA & parking advice...

    Ok so here's the deal.
    I attend Oregon State University, a 'publicly funded institution'. I almost always park on campus, and have been for 3+ years.
    Their parking rules state that in order to park in a 'blue' spot on campus one must have both an ADA placard AND an OSU parking pass.
    I have a placard, but haven't ever purchased a parking pass. Why? They're over $100 for a 10 week term. Plus, i drive a van with a side lift thus can *Only* park in the 'van accessible' spots.
    I wrote the Parking Authority here on campus last year & asked them if I could purchase a parking pass at a reduced rate since I can only use less than 1% of the parking spots- They responded essentially 'buy a pass or get a ticket'.
    While I have never gotten a ticket for not having an OSU parking pass, I wonder if it is legal for them to place that sort of an 'overlay' on the DP parking spots here?

    I have received tickets for parking in a DP spot without a placard displayed- I simply leave it on the dashboard rather than hanging it from the rearview. First time I recieved one I went to the parking authority & showed my placard.. It was dismissed.
    Yesterday I parked on campus & a car was in the van accessible spot. So I parked crossways- The van was in the loading zone & nozed into the DP spot so I could drop the lift & get in & out.
    I recieved 2 tickets- one for blocking the loading zone, effectively taking up both spots & another for not hanging my placard.
    I went to the parking authority again & once I explained the lift they dismissed the 'blocking 2 spots' one, but want to charge me $50 for not properly displaying my placard.
    I am of the opinion that they can bite me as it was in plain view on the dashboard, but can they legally expect that "fee"?

    I'm unsure about either of these issues- And here at school the parking authority seems to enjoy a godlike "Our Words are Law" position. I have no idea why save it seems they have no oversight- As in I'm not sure who to go to if I wanted to dispute a ticket.

    So. Perhaps someone can answer for me the "Can they overlay their own "you need a pass" rule on a DP parking spot?" question as well as the "Can they fine me for improper placard display?" question.
    I would *Love* to go in there being able to cite chapter & verse of the ADA... But someone with more knowledge than I will have to look that up.

    Thanks for reading-
    http://krstofer.org

  2. #2
    Why can't you hang your placard? That is the "rule" and so easy to do. Sounds to me like they have been very accomendating to you so far. I don't think they should require $$ for a parking permit for disabled. But looks to me like you are pushing it. Congrats though for pursueing the continued education.

  3. #3
    A handicapped placard or plate does not entitle you to free parking in when others are required to pay for parking. This applies to public and privately owned parking garages, businesses that charge employees for parking, as well as every college campus I know.

    In most states, it is a requirement that if you have a placard, it be hung where it can be seen from patrol cars without having to get out of the car, ie, the window from the rear-view mirror. Enforcement is difficult enough without those who have placards complying with this.

    You can always appeal or go to court on these type of issues, but you don't have the ADA to back you up on any of these claims.

    (KLD)

  4. #4
    Senior Member skippy13's Avatar
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    It is not really "public" property, so they can make their own rules. I would be interested in knowing just how this turns out. I live in Eugene, and would be glad to help you find out what the deal is, or just to help you make a stink in the right places. PM me if you wish.

    Amy
    Anything worth doing, is worth doing to excess

  5. #5
    Frustrating that they insist on the $50 ticket for not displaying the HC tag, when you are clearly entitled to a HC space. Technially they can charge you, but it's hardly in the spirit of "protecting HC spaces for those who are disabled by charging violators a fine".


    Having said that. If everyone else has to pay to park, well, so should you. Everyone is restrited to just 1% of the available spaces in so far as your van and their car can only ever take up one space at a time. Unless there have been instances when you could not find ANY spaces, you should be paying the same fee as everyone else.

  6. #6
    Sounds like you just don't like following the rules and don't want to cough up the same fees that everyone else is expected to pay. You don't have a metaphorical leg to stand on here. Just buy a parking permit and hang your placard properly like everyone else does.

    C.

  7. #7
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    I know the rule is the same at The University of Texas. You must have both a UT parking permit and the state issued one.

  8. #8
    Senior Member brian's Avatar
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    Same at Carnegie-Mellon. I bought a University parking pass.

    Our disabilities don't give us free reign on the world. I, too, need to be careful sometimes so that I don't get spoiled by the little perks and expect to get more than I deserve.

  9. #9
    yup, I currently have to cough up > $160/yr for a pass to park on campus @ UNC Greensboro.

    FYI, if you don't pay the ticket(s), they likely can't legally require you to pay up, but the university can put a hold/block on your ability to register, etc. It'll be a big PITA. I had some friends at James Madison (where I did my undergrad) really get screwed over by parking services.

    Long story short, just buy a pass.

  10. #10
    The lot is open to the public, so the ADA rules apply here, but they charge a fee to do so. Thats their right to do so. Its no different than parking at stadiums or amusement parks.

    Why do you place your placard on the dashboard? That small hook at the top is made so it fits over the rearview mirror. Cops are humans- how many times do you think an officer has exited his car intending to issue a ticket and then sees a placard lying on the dashboard? It happens VERY often. Soon the officer see a vehicle w/o plates or placard just thinks "Hey- its just another lazy PWD who didn't hang their placard" and keeps driving

    Do your part and HANG YOUR PLACARD or get a permanent plate.
    Dave

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