My college is going to make me pay $100 to be able to park in the disabled parking spot even though I’m getting a state disabled parking pass.
Is this legal? They say it’s because all students have to pay to park in those lots, even though they do have a free parking lot it just up a damn hill and I don’t want to walk in sub-zero weather this year and screw my lungs up again. (AKA stop breathing in the middle of the night again.)
Federal law states:
“Transportation services that an institution provides to its students shall, when viewed in its entirety, be offered to handicapped students in a manner that provides them with opportunities that are equal to those of non-handicapped students. This requirement pertains to all aspects of transportation including student parking…” (Sec 504 of the Rehabilitation Act)
Important parts:
“…opportunities that are equal to those of non-handicapped students. ” “… including student parking…”
If non-handicapped students can park for free and yet I need to pay $100 to park because the free parking lot is too far for me to walk, is this equal rights? I understand all students need to pay to park that close, but for crying out loud it’s not like I want to have to park that close.
Am I missing something here or is the college doing something illegal?
Just an additional note, I do get a discount since its normally $300 or something near that but still…
Guess I should make this clearer… There is a free parking spot, but because of my disability I can’t use it.
#1 by Patrick G on February 13, 2010 - 4:14 pm
To be equal, you would have to park up the hill like the rest of the students. You are getting “preferred” parking, not quite equal to the rest of the student body.
#2 by Martin B on February 13, 2010 - 4:19 pm
i have never heard of a college that does not charge students for parking permits, handicapped students are no different
#3 by m1a1mikegolf on February 13, 2010 - 4:43 pm
Why should you be exempt from the same parking fees everybody else has to pay?
#4 by Lawyer X on February 13, 2010 - 5:32 pm
That’s an interesting question. The school offers a choice of preferred parking for a fee, or free parking in a non-preferred lot. But the free parking is, in effect, inaccessible to you due to your disability. You may have an argument that, as an accommodation, they should provide you with access to free parking, even if it’s in the pay lot.
They have given you a discount, however; so, that would certainly weaken your argument. I’m not sure there’s a clear answer here.
#5 by DeAngelo G on February 13, 2010 - 5:57 pm
this is what you do to get the handicap thing you put in the mirror of you car there had too be something write from your doctor about your condition and if he said you can on walk a certain distances and if up the hill is more then that its unlawful but if doc says you can walk that distant your screw you can always go back to the doctor and tell he to make your walking distant limited too like 50 feet and then they cant charge you