[blindlaw] parking discrimination?

Tue Aug 6 21:25:00 UTC 2013

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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