When Handicapped Parking Gets Complicated
Kass James is an assistive technology specialist with a master’s in management of information systems from the University of Houston’s Bauer College of Business. Fully licensed in ADA compliance and environmental access, he’s a partner at The Spoonie Advocate Associates.
There are many misconceptions about accessible parking in the USA, and, for some reason, businesses seem willing to risk code violations and legal action by remaining willfully ignorant. This should be included in your regular sensitivity training, and if your business has public parking, you need to know the rules. You can find all the necessary legal references at ADA.gov.
Who must have handicapped parking?
If you own a business parking lot, you must provide designated handicapped parking with proper signage. The minimum number of parking spaces depends on the total number of spaces. This is a complex calculation that you can find the answer to in ADA table 208.2. If you want a full review of your parking to ensure compliance, please get in touch with a certified environmental access consultant, a licensed landscape architect, or a civil engineer to have your lot evaluated for ADA compliance.
What about those weird, stripped sections between spaces?
They’re called an “Access Aisle”, and they’re for loading and unloading wheelchairs. You must have one for every space, but two spaces may share a single access aisle. They are not to be used for storage, overflow parking, delivery drivers, motorcycle parking, temporary law enforcement parking, or as a place to pile snow conveniently. Both individuals and businesses that block these spaces can incur steep fines. Typically, the fine is applied from both adjacent handicapped spots for each hour the space remains blocked. It’s why some designers recommend they be slightly smaller than a parking space, as long as they stay larger than the 5ft minimum. You can find the full diagram in ADA figure 502.5.
Your spaces must be accessible for your business
It seems self-explanatory, but the spaces must actually connect to your business with accessible curbs and sidewalks. Having stairs or tall curbs around your business defeats the purpose. Curb cuts and zero curbs benefit everyone, from delivery drivers to people with strollers, making them good examples of universal design.
Who gets to park there?
Here’s where things get tricky.
First: Are they allowed in the parking lot?
The rules of your parking lot apply to ALL spaces.
If it’s a private lot, then those handicapped spaces are also private.
If the lot is open to the public, then those handicapped spaces are also open to the public.
If your lot is metered, then those spaces are also metered at a rate no more than any other space (though many lots allow for additional time for handicapped spaces).
If they have a disability license plate
Disability plates are issued to vehicles that have been modified for accessibility.
They can always park in handicapped spaces as long as the owner is with the vehicle or is waiting to be picked up by the vehicle.
If they have a disabled veteran plate
Certain cities and states may allow for disabled veteran plates to park in ADA-compliant spaces, but overall, no, these are not automatic handicapped parking access. This is on a state and municipal basis and is not protected under ADA.
If they have a parking placard
They can absolutely use the pace if:
The owner of the placard is with the vehicle
The owner of the placard is in the business where the vehicle is parked
The owner of the placard will be at the business shortly to be picked up (like at an airport)
These must be displayed in the front windshield of the vehicle with the expiration date clearly visible.
Some states issue photos with the placard so that they are difficult to steal
ADA-compliant public transit
Vehicles specifically designed for the public transportation of disabled individuals absolutely can park in these spaces if:
The vehicle is licensed to transport individuals with disabilities.
The vehicle is transporting someone with a disability.
The vehicle is waiting for a disabled passenger in the business.
If they just really want to park there
No? We often see law enforcement, armored cash-transport vehicles, delivery drivers, and food trucks regularly parking in these spaces. While this can result in a fine for the driver, the business can also be fined if they knowingly allow it.
And that’s it. If they are allowed to be there and have the proper plates or placard, then they’re allowed to park there. If they don’t, then they’re not.
Read more from Kass James
Kass James, Healthcare Business and Disability Specialist
Kass James is a forerunner in the field of disability rights, corporate responsibility, and healthcare business. Having been physically disabled for most of his life, Kass was acutely aware of the lack of accessibility in the workplace. His work focuses on restructuring healthcare to increase profitability while benefiting patients, as well as doing patient assessment for ADA compliance and assistive technology. He’s a partner with the Spoonie Advocate Associates, an organization pushing for increasing value and patient outcomes through common sense and responsible change.
