Can I be ticketed for parking in my own spot?

[MountainDew]

What is the name of your state (only U.S. law)? Oregon

I lease a commercial building, which comes with an ADA required disabled parking spot. The reason the disabled spot is required is that my building is considered "a place of public accommodation". That's fine, if a disabled person shows up during the day, they need a place to park.

On the other hand, AFTER BUSINESS HOURS, I do not think my building is any longer "a place of public accommodation". The fact is nobody else is welcome after hours, and I would most likely call the cops on anybody I find.

Given that, would I be legally allowed to park in my own disabled parking spot, AFTER BUSINESS HOURS, without a disabled permit? Or can I be ticketed for this?

 

[FlyingRon]

You betcha. The law requires you to establish those parking spaces. The law bans you from parking there without a permit. There's no out for "business being closed." If your lot was physically closed that would prevent people from entering it after hours, you might be able to, but there's more than the ADA in play here. That space may be a condition of your local building codes/land use laws.

 

[StevenJ_420Law]

Are you asking if you can park in a handicap spot after hours and not be ticketed?


You can get a ticket, as you have learned. Your argument has absolutely no merit whatsoever.

 

[tholt4]

Check with your local building department or authorities if an additional sign designating times the handicapped space is active is permissable. Several local churches in our community have spaces designated handicap parking on Sundays only. (Standard handicap sign with additional sign below)

 

[confused14law]

My apartment complex has handicap spaces all over the place and no one in my building is handicapped. However, police will come in the gate and go around citing tickets for people parked there. I am confused why there are so many considering it is a residential area, but they are no joke. Good luck fighting that one, even though I think you make a valid argument, especially if there is no loading zone or anything it possible to do temporary work.

 

[confused14law]

Maybe not valid, but interesting.

 

[racer72]

Is the closest legal parking spot that far away that using the handicap spot is going to make a significant difference in how far you have to walk? Sounds like an excuse for being lazy.

 

[MountainDew]

Is the closest legal parking spot that far away that using the handicap spot is going to make a significant difference in how far you have to walk? Sounds like an excuse for being lazy.

That has nothing to do with it. The handicaped space is actually farther away than my own personal space.

The problem is I own that spot. At night, which is often when I'm there, NOBODY is allowed to park there. The only exception would be if I personally had a disabled permit, but no other disabled person would be allowed to park there. Why should I be required to provide empty pavement where nobody can legally park?

And therein lies the question. Again, the reason the disabled spot is required is because during the day it is a "place of public accommodation". However, at night it is strictly private property. It is no longer a "place of public accommodation".

So does the law see the change between day and night? I don't know, that's why I was asking. As tholt4 suggested, I will see if business hours can be posted on the sign. Seems reasonable to me...

 

[FlyingRon]

What part of "OWNERSHIP OF THE SPOT" has no bearing on the issue don't you understand?

If the spot is designated as a handicapped space and the lot is publicly accessible (regardless of your assertion that you're not a place requiring public accommodation), it's illegal to park there without a permit. Besides, the fact that you are not open to the public doesn't obviate your need to provide the space. Do you have employees? If they are working there even when closed to the public you probably are still obligated to have the space available.


Further, the ADA definition may NOT be all that is in play here. See my earlier points. The mandate for the disabled spaces may be part of your zoning. I guarantee you that it is here. You can't have a commercial building without them, and regardless of the hours, they remain required at all times.


Frankly, posting hours on the sign may or may not work.

 

[cbg]

This is not my area of expertise, law-wise, but I do use words professionally. In that capacity, I offer the following:

You said you LEASE the building. Leasing is not owning. Therefore, you do not OWN the spot. You LEASE it.

With leases come restrictions. One of those restrictions is that you cannot park there without a permit.

That is completely separate from the legal issues involved.

 

[MountainDew]

You said you LEASE the building. Leasing is not owning. Therefore, you do not OWN the spot. You LEASE it.

Whether I lease or own it is not really relevant. The point is that it's MY spot, and nobody else's. I pay for it.

With leases come restrictions. One of those restrictions is that you cannot park there without a permit.

That is nowhere in my lease.

Further, the ADA definition may NOT be all that is in play here. See my earlier points. The mandate for the disabled spaces may be part of your zoning. I guarantee you that it is here. You can't have a commercial building without them, and regardless of the hours, they remain required at all times.

Wrong. I can take you on a tour of the area and show you 20 commercial buildings with no handicapped parking. It has nothing to do with zoning, the ADA requires the same disabled spaces in any zoning. ADA and zoning are two completely different things. If I closed my business it would no longer be a public place, anybody is free to remove the disabled parking spot. The same thing happens every night. No employees, customers, or public of any sort.

Technically I think I could grind off the disabled paint every night and get rid of the spot as long as I painted it back before we open...

 

[justalayman]

MountainDew;2583282]Whether I lease or own it is not really relevant. The point is that it's MY spot, and nobody else's. I pay for it.

You are correct, owning or leasing is irrelevant. So is day or night. Unless there is a time limit posted along with the sign, the HC spot is a HC spot 24 hours a day. Either accept it and refrain from parking there or risk a ticket for parking there.

If I closed my business it would no longer be a public place, anybody is free to remove the disabled parking spot.

No, they aren't. They would have to have the discontinuation approved by the authorities.

Technically I think I could grind off the disabled paint every night and get rid of the spot as long as I painted it back before we open...

technically you would be wrong. Unless there are time limits posted along with the sign designating it a HC spot, it is a HC spot 24/7/365 and 366 on leap year.

If the building burned down and the sign and required markings were still there, it would still be a HC spot until the authority having jurisdiction approved of the removal of the HC designation.

That is nowhere in my lease.

no but it is in either the state law or local ordinances.

 

[MountainDew]

You are correct, owning or leasing is irrelevant. So is day or night. Unless there is a time limit posted along with the sign, the HC spot is a HC spot 24 hours a day.

And that's exactly what I'm asking about. If anybody has any information regarding limiting disabled parking to certain hours, I'd love to hear about it. Do I just need to go out there with a sharpie and write "Parking 8AM to 5PM only"?

 

[justalayman]

You would have to speak with whomever regulates the HC parking laws. I would think it would be the building department but not sure.

 

[MountainDew]

I believe the ADA stuff is nationally controled by the department of justice:
www.ada.gov
I've read their "ADA Standards for Accessible Design", Title III regulations (the category I fall under), "business briefs" and other technical manuals on their site, but haven't found anything directly about time limits. I guess I will have to give them a call...