Carl Brahe
Parking can be challenging for people with disabilities. A man who is quadriplegic and is fiercely independent pulls into a handicap parking space and begins to pull his wheelchair out of the back seat and assemble it next to his car. As he reaches for his wheelchair seat his wheelchair rolls away and he is left unable to retrieve it, hoping for a passerby to ask for help, something that is very hard for him and that he hates to do. A man waits for his wife to return from an appointment as he sits in his van parked in the lot outside the door while people yell and honk at him. He explains that the handicap spaces are too small for a van to unload or load his wife’s wheelchair. A handicap van is stuck in a parking garage where the roof is an inch short of clearing the top of his van. A disabled person searches for an alternative place to park because the handicap spaces or access aisles between are filled by illegally parked vehicles belonging to able bodied drivers, some of whom have purchased or fabricated fake handicap signs hanging from their rearview mirrors so they can avoid taking a few extra steps, or with motorcycles who find the access aisles the perfect size to park their bikes next to the main entry. These are all situations that I have personally seen. Proper handicap spaces are not a convenience for people with disabilities. They are a necessity.
Handicap spaces are required to be the closest to the accessible main entrance to businesses and services. In one case I found that the owners of the building felt that it was more important for them to have ego spaces next to the main entry ignoring ADA regulations which I informed them in my report that this made them vulnerable to lawsuits that could result in forcing them to comply and imposing substantial settlements.
Handicap spaces must be of sufficient size with large enough access aisles to allow the most disabled individuals to load and unload. A friend with ALS who lived with us had a very large power wheelchair that had room to accommodate a ventilator and battery pack. When we think of wheelchairs, we most likely see in our minds the small chairs that are most common. A space may appear to plenty of room to unload a regular size, non-power chair, but in practice are too small for larger chairs whose occupant’s live may depend on access to parking and services.
Handicap spaces must be very close to level. A slight slope and cross slope are allowed so water can drain avoiding pooling. Excessive sloping can cause runaway wheelchairs and falls for people using walkers, canes, or crutches. Liability for injuries belong to the businesses.
Proper signs are required for handicap parking spaces, at least one of which must indicate spaces large enough for van parking and unloading. The handicap emblems should also be painted on the surface. Signs need to be posted high enough for easy recognition, at least 60 inches high.
Properly made and maintained are a must for businesses and services. Illegal parkers should be instructed to move immediately or towed if the owners are not easily found. Failure to do these things can result in heavy penalties for owners or lessees if a disabled person even drives through and finds that they are unable to access the facilities. This is a case for legitimate drive by lawsuits. Protecting the rights of disabled individuals on your premises also protects you from fines and legal settlements.
