My high school football stadium only lets season ticket holders park in the parking lot in front of the stadium and they still have to pay a fee to do so. Is it legal for them to deny handicap persons from using those handicap parking spots because they aren't season ticket holders and haven't paid the fee?
2007-11-05 11:35:07 · 11 answers · asked by TeachR of HIStory 3 in Politics & Government ➔ Law & Ethics
There is a shopping center next door that most people park at, for free, but the handicap spots are for the various stores not the stadium, the lot in front is the only one and is owned by the school district.
2007-11-05 11:46:34 · update #1
In Texas
2007-11-05 11:56:39 · update #2
since it is school property(public) and not a private lot they definitely can not prevent the use of the marked parking spaces and they can not charge for legal use of those spaces.
private lots i am not sure about.
i am sure there are differences from state to state but in the state of Tennessee no government agency or municipality with the exception of airport authorities may charge for handicap parking.
Tenn code ann.§ 55-21-105(a).
after reading the opinion offered for Texas in the link provided below and looking at the actual bill it is obvious the Texas law is the same as in Tennessee and since it is a public school the lot is owned by a municipality and no charges can be exacted for handi-capped parking regardless of who is trying to charge.
2007-11-05 11:41:57 · answer #1 · answered by michr 7 · 2⤊ 0⤋
At an airport, I saw a sign saying that handicapped persons could park in the lot nearest to the terminal at the rates normally charged for persons parking in a more distant lot. Therefore, it appears that the handicapped are not entitled to free parking.
However, if the handicapped persons have to pay more to park in the handicapped spaces in the lot than non-handicapped persons have to pay to park, that would seem discriminatory.
2007-11-05 11:59:45 · answer #2 · answered by StephenWeinstein 7 · 0⤊ 0⤋
Only if those are the only handicapped spots available, the Americans with disabilities act could be used against them if they are blocking the handicapped spots for only people who are willing to pay a higher fee.
However if in the free lot they have handicapped spots then as long as they fit the guidelines for the handicapped they are OK.
2007-11-05 11:41:27 · answer #3 · answered by QBeing 5 · 0⤊ 0⤋
I really don't know but my sister is handicapped. And when she pulls into a parking lot where everyone else pays, she pays too. I think it's fair to get a better spot, but you need to pay just like everyone else or park in another handicapped space.
2007-11-05 11:43:57 · answer #4 · answered by towanda 7 · 1⤊ 0⤋
Yes. Nothing in the Americans With Disabilities Act requires that the disabled be supplied wth free goods, services or access that others must pay for. But it does require that they be given at least reasonably equal access -- including an accessible path from disabled parking to the nearest accessible entrance point. Local laws or ordinances may require greater access or free parking. All school Boards should have retained or employed an ADA consultant if only to comply with the Americans With Disabilities Education Act which applies strict access codes to all educational facilities.
2007-11-05 11:54:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, you can make a handicapped person pay in a reserved parking lot. Provided its gated and explicitly states that its pay per visit.
You must provide other handicap spots elsewhere however.
2007-11-05 11:41:49 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I have handicap tags and they do not allow me special privileges other than parking in public handicap parking. If the lot is designated for a special paid group then it is for all purposes private.
2007-11-05 11:39:39 · answer #7 · answered by deejayspop 6 · 4⤊ 2⤋
it would be a nice courtesy. but sounds like they are trying to make some money. there should be an area for handicap parking somewhere. you need to look into the ADA rules. they HAVE to supply it -- whether paid or not.
2007-11-05 11:49:07 · answer #8 · answered by Curious_One 3 · 1⤊ 1⤋
in what state is this?
EDITED BASED ON STATE;
Then I suggest you read the following and pay particular attention to 'governmental units'.
https://www.oag.state.tx.us/opinions/DM/DM451.pdf
Unless this is a private high school, My reading of the Attorney General's opinion is that the school may be violating the law.
Remember, this is NOT the school charging for parking but a private enterprise albeit a school affiliated group.
2007-11-05 11:52:58 · answer #9 · answered by hexeliebe 6 · 0⤊ 0⤋
Handicapped parking is supposed to be available everywhere, and for no fee. Parking meters and special lots too.
2007-11-05 11:40:05 · answer #10 · answered by Flatpaw 7 · 2⤊ 3⤋