When Is a Handicapped Space NOT a Handicapped Space?


When Is a Handicapped Space NOT a Handicapped Space?

I got this from a reader:

I was issued a handicapped parking citation at an employee parking lot in Florida.Yes, there is a handicapped sign at the parking spot. But it is from a building that is no longer there. When the building was taken down they never took the handicapped signs down. Currently this space is 380 feet away from the building entrance. There are also 4 rows of regular parking between the handicapped space and the building entrance. I plan on fighting this citation saying that this is NOT a legal handicapped parking space according to Florida statute 553.5041(b) which states that Each space must be located on the shortest safely accessible route from the parking space to an accessible entrance. Also the ADA accessibility Guidelines 4.6.2 Location states: Accessible parking spaces serving a particular building be located on the shortest accessible route of travel from adjacent parking to an accessible entrance.

Do you think I will win this?

My response, it’s pretty lame – maybe someone else has a better one:

One can only try – if the space is illegal, you may have a chance, however since it was marked as "Handicapped" the judge could just rule against you and that will be that  Although the judge may be so impressed with your research that the ticket will be vacated simply on the fact that you seem to know your subject, and the judge may not.



Picture of John Van Horn

John Van Horn

2 Responses

  1. Whether the space is illegal (or simply non-conforming) is not at issue, the issue is that the space was clearly marked as an ADA space and a non-qualified vehicle was parked in it. There may be grounds to file a formal complaint to have the lot owner come into compliance, but it still doesn’t change the fact that the parker was illegally parked. Check out Florida Statute 316.1955 – Enforcement of parking requirements for persons who have disabilities.

  2. I’ve successfully fought 2 different tickets (not ADA violation, however), it just depends on the judge. Be sure and take photos with you. Once I took a toy car with me that was a replica of my vehicle, to show the judge the blind spots and how hard it is to see someone coming around you on the right. The judge started laughing and told me he’d throw it out if I could go 6 months without another violation.

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