[blindlaw] parking discrimination?

[Susan Kelly]

Slightly different situation, since I own / live in a condominium, but....  One covered parking space is allotted to each condominium.  The stickers came as part of the purchase, and ONLY one space is available.  When I had to sell my car and give up driving, I removed my sticker and placed it on a card which could either be placed in my father's or my boyfriend's cars.  I then notified the HOA that I was doing this and that if they had any problem with it, considering the single covered space was a part of my property purchase price and HOA dues, they could simply refund a portion of my monthly dues.  They did not challenge me on that - whether it was because I mentioned potential loss of money to the HOA, or that the HOA knows that I am an attorney, who knows?

I have had a bit more trouble with enforcing the towing of unauthorized vehicles from my covered space, but I suspect that has happened to our neighbors as well. 

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Daniel McBride
Sent: Tuesday, August 06, 2013 12:29 PM
To: Blind Law Mailing List
Subject: [blindlaw] parking discrimination?

Client is leasing an apartment.  The only provision in the lease, regarding parking of vehicles, is in paragraph 21, as follows:

21.  PARKING. We may regulate the time, manner, and place of parking all  

cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles.  Motorcycles or motorized bikes may not be parked inside an apartment or on sidewalks, under stairwells, or in handicapped parking areas. We may have unauthorized or illegally parked vehicles towed or booted according to slate law at the owner or operator's expense at any time if it
(1)    has a flat tire or is otherwise inoperable (2)    is on jacks, blocks
or has wheel(s) missing (3)     takes up more than one parking space (4)
belongs to a resident or occupant who has surrendered or  

abandoned the apartment (5)    is in a handicap space without the legally
required handicap insignia  

is in a space marked for office visitors, managers, or staff  (7)     blocks
another vehicle from exiting  (8)    is in a fire lane or designated "no
parking' area  (9) is in a space marked far other resident(s)or or
apartment(s)  (10)   is on the grass, sidewalk, or patio  (11) blocks
garbage trucks from access to a dumpster, or  (12)   has no current license,
registration or inspection sticker, and we give  you at least 10 days notice that the vehicle will be towed if not removed.

 

Other residents have their own designated parking space and are issued windshield stickers for their car(s) to prevent them from being towed.

 

My client is blind and has no car.  Her parents usually transport her to get groceries, go to doctors, etc.  As such, they always have to park in visitor parking, which is not near her apartment.

 

She went to the manager and asked about getting a parking sticker for one of her parents' vehicles, or perhaps, to place on the face of her handicap placard.

 

She was denied on the basis that she does not own a car.  I do not understand why she cannot be issued a sticker for a designated vehicle, regardless of lack of ownership, if that vehicle is regularly transporting her.

 

I would appreciate any thoughts you guys, and gals, might have.

 

Daniel McBride, Attorney

Fort Worth  

 

 

 

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