[blindlaw] parking discrimination?

Wed Aug 7 14:16:56 UTC 2013

Hi Daniel,

For what it's worth, to me it sounds like an injustice.  She is paying for
a spot unless her rent is less than the other tenants with the same type of
unit.  The landlord is no doubt being obtuse, intransigent, and
unreasonable.  So, I'd include in your complaint a cause of action for
breach of contract.  The terms of the contract can be inferred by the deal
that everyone else is getting.  I'd start things off with a
strongly worded demand letter to the landlord.  Good luck.

Mike

On Tue, Aug 6, 2013 at 5:25 PM, Angela Matney <amatney at hf-law.com> wrote:

> Maybe a fair housing issue as opposed to ADA. She cannot reasonably enjoy
> the dwelling.
>
>
>
>
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> -----Original Message-----
> From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Daniel
> McBride
> Sent: Tuesday, August 06, 2013 5:14 PM
> To: 'Blind Law Mailing List'
> Subject: Re: [blindlaw] parking discrimination?
>
> Russell:
>
> The problem is not a handicap sticker.  The apartment complex itself
> issues windshield stickers to residents.  Without a complex sticker in your
> window, you are subject to being towed if you park in a resident space.
>
> The apartment manager is refusing to issue my client a sticker, or assign
> her a resident parking space, "because she does not own a car".
>
> I am curious if there are any ADA issues in housing.
>
> Dan McBride
>
> -----Original Message-----
> From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Russell
> J.
> Thomas
> Sent: Tuesday, August 06, 2013 2:43 PM
> To: 'Blind Law Mailing List'
> Subject: Re: [blindlaw] parking discrimination?
>
> Give the handicap sticker to the parents.
>
> Regards,
> RUSSELL J. THOMAS, JR.
> Principal Attorney
>
> Law Office of Russell J. Thomas, Jr.
> 4121 Westerly Place, Suite 101
> Newport Beach, California 92660
> T: 949-752-0101
> F: 949-257-4756
>
> Follow me on Twitter @EmplmntAttorney
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> -----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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