Commentary: Disability Placards and Overnight Parking in Beverly Hills
Resident Gary Simon wants to know why valid out-of-state disability placards are not honored in Beverly Hills.
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Commentary submitted by Beverly Hills resident Gary Simon.
I parked my car on Linden last night and, in the dark, mistakenly put up my valid New York State disability placard—it was still in the glove compartment of the car; we had only moved back to this area about six months ago—instead of my valid California disability placard.
The parking enforcement officer issued a citation for violation of the overnight parking regulations. Inasmuch as the officer obviously ran a verification, he or she would have known that I was a local resident parked within a block of my residence and that I possessed a valid California-issued disability placard. I would suggest that all local politicians and officials who even imply that the overnight parking ban has anything to do with safety stop lying to the public and just tell the truth.
The officer also noted that I could not use my validly issued out-of-state placard. I would suggest that the Beverly Hills City Attorney research whether this violates the full faith and credit clause of the United States Constitution because, if it does, it not only exposes the city to a lawsuit in federal court for a violation of my civil rights, but also exposes all Californians visiting and driving in New York and other states to charges that they are driving without a valid driver's license.
Gary Simon
Beverly Hills Resident
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Mea Culpa
4:57 pm on Tuesday, February 21, 2012
According to federal law, ALL states and local governments must honor handicapped plates and placards issued by other states, as well as those from other countries. Read it at the following link, it's at the very bottom of the page under "Sec. 1235.8 Reciprocity.":
http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr1235.htm
However (there's always a "however", right?) under the 1991 ADA standards, the only accessible parking spaces regulated were in parking lots and off-street parking. On-street parking was not regulated; design standards require room for wheelchair lifts, and most streets aren't wide enough. I know New York City has special on-street permits, and trying to use a "normal" Disabled Parking placard in on-street will get you a ticket.
However (we've heard this somewhere, before), I've read where the 2010 ADA update now includes on-street accessible spots - but I haven't found anything in the information I've read. Here are a few links... feel free to look around:
Search this for "R214 On-Street Parking Spaces" ("On-street parking" parking that is marked and/or metered) and "R309 On-Street Parking Spaces" (e.g. Parallel (R309.2), Perpendicular and Angled Parking Spaces (R309.3) and more), BUT I haven't found a "final rule" version:
http://www.access-board.gov/prowac/nprm.htm
More, but less on parking:
http://www.ada.gov/regs2010/2010ADAStandards/Guidance2010ADAstandards.htm
Good luck!
Marie Cunningham
8:55 pm on Tuesday, February 21, 2012
@Mea Culpa Thanks for all this info!
Brian Rosenstein
1:23 am on Wednesday, February 22, 2012
It is my recollection from my days on the Traffic & Parking Commission that handicap placards do not exempt anyone from the City's overnight parking prohibition which is Citywide. It sounds like your citation is technically correct. It doesn't sound like you were cited for using an invalid handicap placard, it sounds like you were cited for parking overnight without a permit or exemption and according to State Law, a handicap placard does not qualify.
Please feel free to call Chad Lynn, the City of Beverly Hills Director of Parking Operations, and he will gladly discuss it with you and walk you through the process of challenging the citation if you wish.
Brian Rosenstein
1:30 am on Wednesday, February 22, 2012
Chad Lynn's direct line at the City of Beverly Hills Department of Transportation is (310) 288-2807
Mea Culpa
4:11 am on Wednesday, February 22, 2012
I agree (see my first "however" above), maybe...
From Mr. Simon's account, the officer based the ticket on not having a California-issued placard displayed. If that's true, then my (attorney's) defense might be:
Given: the city law specifies you must have a valid California-issued placard in order to park on the streets overnight.
Given: the city does not issue special placards or decals, etc allowing overnight parking.
Then: Federal law (see link to Sec. 1235.8 Reciprocity) says out-of-state and out-of-country placards MUST be accepted by all state systems as equivalent to California-issued placards.
For your convenience, a repeated link to the federal law (see last paragraph on the page):
http://www.fhwa.dot.gov/legsregs/directives/fapg/cfr1235.htm
I hope Mr. Simon finds a good lawyer, and publishes the outcome of his case!
Gary Simon
8:16 am on Wednesday, February 22, 2012
By the way, the list of prohibitions which accompany the California placard does not include overnight parking. Additionally, overnight parking is not prohibited per the California DMV website. I suspect that you might have been correct at one time, but that it is no longer the case.
Marie Cunningham
10:57 am on Wednesday, February 22, 2012
@Brian Rosenstein Thank you for the helpful info!
Gary Simon
8:10 am on Wednesday, February 22, 2012
This is Gary Simon. The reason cited for the ticket was the out-of-State placard. Tickets are not issued, at least in BH, to overnight parkers with California placards -- if you drive around BH you will see scores of cars parked overnight with California placards. The outcome is that I actually paid the ticket within an hour of finding it on my windshield. According to my bank, the check cleared before the ink was dry further supporting my position that these overnight parking regulations are about revenue and not safety. Although I had only given litigation a brief, passing thought, some of the comments make me think that a lawsuit would make sense. I will review the matter again and might even consult with a Civil Rights attorney (could you imagine the field day someone like Gloria Allred with have with this!!!!!)
Brian Rosenstein
3:39 pm on Wednesday, February 22, 2012
Mea Culpa, the City does indeed issue overnight exemptions and permits to those who live in certain permit restricted zones. I believe that only multifamily areas qualify for overnight permits because many of our old 1920's and 1930's apartment buildings do not have adequate parking for the residents. Single family homes have driveways and garages therefore in theory they do not need to park on the street overnight.
Marie Cunningham
5:03 pm on Wednesday, February 22, 2012
@Gary Simon
Have you put in a call to the Beverly Hills Director of Parking Operations yet? Seems that is the best way to proceed from here.
Best,
Marie
DoughBoy
5:09 pm on Wednesday, February 22, 2012
It's truly a bad thing if this gentleman got a ticket he did not deserve, but may I digress a little here -- these handicapped placards are widely used and abused, so it is encouraging that BH is trying to enforce the rules. My street has parking restrictions and I routinely see young, healthy people park with the placards and merrily go on their way. Steve Lopez recently exposed such behavior in his LATimes column, and commenters pointed out that it can be difficult to determine if a person is indeed handicapped or is picking up a disabled person, as the law allows. I'll be a crumudgeon here and bet that a majority of parking with these placards is not for legitimate purposes. I don't say anything to abusers to avoid confrontation and have called parking enforcement a few select times - but let's be honest, people who abuse such a privlege should be ashamed of themselves. They are the reason people such as this gentleman get caught up in ticket-writing efforts.
George Vreeland Hill
10:04 pm on Wednesday, February 22, 2012
A hard lesson learned.
George Vreeland Hill
John Mirisch
10:11 pm on Wednesday, February 22, 2012
My understanding is that in single-family areas, specific exemptions to the overnight parking ban are made for people with disabled placards. However, such exemptions would only apply to residents with disabled placards, who are supposed to park directly in front of their houses. Disabled placards are not supposed to grant a blanket exemption for anyone who wants to avoid the City's general ban on overnight parking.
I have to agree with DoughBoy that the abuse of disabled placards has truly gotten out of hand. We are actively looking at ways to curb the abuse, including working with our Sacramento lobbyists to try to get appropriate legislation introduced and passed at the State level.
Brian Rosenstein
10:20 pm on Wednesday, February 22, 2012
Councilmember Mirisch summed it up very well. To all residents, it is always best to call the City first if you feel you were mistakenly or unfairly issued a citation as we do have a "1 time forgiveness" policy for certain circumstances. I imagine this unfortunate situation that Gary Simon experienced probably would have qualified. If for some reason that doesn't deal with the issue...then of course you always have the option to contest the citation as well. Something for us all to keep in mind for the future.