Told by a CityofChicago cop that they can't go on2private property2ticket disabled parking violations! BS?
Question: What is the law regarding the refusal for a business owner to allow disabled people access to the disabled parking spot on private property?
OK, as I posted yesterday, this restaurant blocks off the one officially designated Disabled Parking Spot by either fencing it off all together or by putting games in the spot & refusing to move them so a disabled person can park in THEIR DISABLED PARKING SPOT.
Today, they have totally blocked it off & are using it as a smoking area for people playing the game “Bags” which is glorified Bean-Bag Toss for drunk adults.
Their lot gets packed quickly & usually someone is parked in front of the one easy way to get from the far parking lot to the near one, which leads to the entrance of the restaurant, so if a disabled person wants to eat/drink here, they need to roll across badly paved parking lot to the sidewalk full of cracks, around all the parked cars, & FINALLY reach the entrance to the restaurant.
I called 311, the non-emergency number, & the cop said that they are not legally able to go onto private property to ticket a non-disabled person parking in a disabled spot unless the owner of the property asks them to & that as long as the disabled parking spot is on private property, they are not legally obligated to allow use of the disabled parking spot to disabled people.
That sounds like total bullshit to me.
He said that there is no law other then making sure that the BUILDING is accessible by disabled people. That the law does not extend to the owners of the establishment being forced to allow access to the legally posted disabled parking spot.
The ONE disabled parking spot has a nice, official, aluminum Handicapped Parking Sign… Fine of $100 or so for parking there illegally…
How can the cops say that they can’t come onto private property to ticket a violation of the federal law requiring access to a disabled parking spot??
In addition, before anyone asks... Yes, I am disabled... So I CARE for both personal reasons as well as for the general wellbeing of any disabled person that wants to eat here!
The BUILDING may be accessible to people with disabilities, but GETTING TO the building is another matter entirely!
They are denying the ability TO EVEN GET TO THE BUILDING...
No TROLLS telling me to mind my own business, thank you very much!
- Anonymous1 decade agoFavorite Answer
The City of Chicago has a commissioner for the Mayor's Office on Disability - call her. Karen Tamley: 121 North LaSalle Street
City Hall, Room 1104, Chicago, IL 60602
The police are wrong. Federal law dictates accessible parking. No city can not make a law less restrictive than the federal law.
The parking lot at a bar is a public parking lot for a public building owned by a private concern. Putting up a fence does not make it private.
Re: the nasty email I received. From the ADA technical manual:
III-1.6000 Private clubs. The obligations of title III do not apply to any "private club." An entity is a private club for purposes of the ADA if it is a private club under title II of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin by public accommodations.
Courts have been most inclined to find private club status in cases where --
1) Members exercise a high degree of control over club operations.
2) The membership selection process is highly selective.
3) Substantial membership fees are charged.
4) The entity is operated on a nonprofit basis.
5) The club was not founded specifically to avoid compliance with Federal civil rights laws.
Facilities of a private club lose their exemption to the extent that they are made available for use by nonmembers as places of public accommodation.
A bar open to the public, charging an entry fee would not qualify.Source(s): I enforce the ADA for a living - in Michigan - and in the city where I work they DO ticket.
- Mary NLv 51 decade ago
Here in Michigan, violations of the handicapped parking considerations on private property are not ticketed.
Instead, we disabled are expected to rally our political forces to bring pressure to bear on the Mayor & staff and County Commissioners & staff and MI Senators & Representatives & staff and US Senators & Representatives & staff. And, of course, I like to recruit a few good ministers and anybody else who might have a lick of compassion.
The ADA lacks all enforcement teeth.
Of course, when the thoughtless owner of the restaurant in question twists an ankle & they get a temporary handicapped parking permit, good Lord, help us all & get back. They'll be screaming for consideration from others--you can count on it.
How about getting some others ("gimp & proud!") to put up a wheelchair picket line @ that restaurant's busiest hour---after you've called the local media & some able-bodied friends of yours to photo the event. Then, photo-shop some flyers for distribution later?
Where I live, I've recruited the few handicapped folks who are able to survive here & I threaten to rally them whenever I go toe-to-wheel w/the SOB's @ City Hall.
I just moved from a federally financed apartment bldg. because all the taxdollars in the world wouldn't be enough for mgmt. there to make any "reasonable accommodations" for my physical disability.
Best of luck to you!
- Anonymous1 decade ago
in my state they do ticket on private property for cars illegally parked.
For violations for failing to keep the spots clear of things such as snow and shopping carts-we have to contact the state.
it would seem counterproductive to have handicap parking laws but not allow the police to directly enforce them.
In some cases-police can't deal with cars parked on private property-for instance-a person parks in a store lot-but then goes off the property to his friends house down the street-in that case the pd can't do anything-the property owner has to call a tow truck....
call your state department of disability services and attorney general, civil rights office
each state has a protection and advocacy office (but in my state the don't do anything) I heard some states actually enforce disability related laws.
be sure to take pictures/video..
i believe it is a $500 fine in my state for blocking the space...
The ADA is about MUCH more than physical accessibility (ramps, bathrooms, etc). It requires accessibility for all disabilities including sensory and other health conditions..
States also have laws that may be more stingent.
There must be handicap parking laws in your state that say how many space there must be (minimally). If the space is blocked off-then it is not a space...
try calling the FD-say they create a fire hazard the way they are using the space...
When I tried calling the PD in my state for a motorcyle without a handicap parking permit and 2 -18 year old people hopping off parked on teh stripped accessability land next to the spot-the cop gave me a hard time-said it's not illegal, but he'd ticket-I know for a fact it is illegal...
- 1 decade ago
The cop isn't bs'ing you. It's fairly common that they can't go on private property to ticket without the business owner's permission. My suggestion is to take pictures over the course of several days and file an ADA complaint with the US Dept. of Justice. Check to see if there are any state laws that are similar to the ADA and if so, file a complaint there, too.
- How do you think about the answers? You can sign in to vote the answer.
- 1 decade ago
That is BS. I think you need to sit down and have a chat with the city council. This business is denying people their rights and has a huge bias. You really need to talk to somebody. Something can be done about this, and I think the cops just told you that they have no power because they don't want to handle it. They're more interested in doing drug busts and getting rid of more serious crimes. Personally, I can tell you that if I was one of them, I'd be more inclined to go for bigger things than helping a disable guy be able to park in his/her designated spot. I know you're disable yourself, and I'm sorry if that offended you, but that's just the nature of cops. They don't have the time to deal with "petty" affairs like that. This is a job for a someone of a more "dignified" position, such as a city council member. They are put in their positions because they deal with affairs such as that; the cops are there not to deal with legal-ish matters that can be solved on paper, but to deal with people face-to-face and bring them to justice.
I may revise/add to my answer... so stay tuned for that.
Hope it helps!