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LawHelpNow
LawHelpNow, Attorney/Lawyer
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Is it legal in the state of Arizona for a Hospital to park

Customer Question

Is it legal in the state of Arizona for a Hospital to park a trailer in a handicap parking stall?

On Nov 28 at 3:30am I parked my truck in a handicap parking spot in the Payson Hospital ER parking area because I had chest pains. Within 30 minutes I was airlifted to the Arizona Heart Hospital because I was having a heart attack (my 2nd in a month).

When I arrived back in Payson on Friday Nov 30 at 10:30pm I found that my truck had been towed by the Payson hospital while I was at the Arizona Heart Hospital so that the Payson hospital could park an imaging trailer in the handicap spots.

I am not 100% sure but I think this violates state handicap laws.

Title 28, Article 14: 28-884. Parking space for physically disabled persons; prohibition

A. Except as provided in subsection B, a person shall not stop, stand or park a motor vehicle within any specially designated and marked parking space provided pursuant to this article unless the motor vehicle is transporting a person who has been issued a valid placard or international symbol of access special plates and either:

1. The motor vehicle displays the valid permanently disabled or temporarily disabled removable windshield placard.

2. The motor vehicle displays international symbol of access special plates that are currently registered to the vehicle.

B. A person who is chauffeuring a person with a physical disability without a placard or international symbol of access special plates may park momentarily in a parking space provided pursuant to this article for the purpose of loading or unloading the person with a physical disability, and a complaint shall not be issued to the driver for the momentary parking.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 4 years ago.

Hello Guy,
Could you please clarify a couple of points for me:
(1) Did you have a current handicapped placard or plate on your vehicle?
(2) Did the hospital park the imaging trailer in a handicapped spot on its own property?
Thanks!

Customer: replied 4 years ago.


Yes to both of your quesitions.


 


I parked in the slot on late Tue or early Wed and the hospital sent me to Phoenix by air with 30 min of my arrival cause I was having a heart attack. There were no posted signs that I could not park there when I parked, and they towed my truck on Friday two hours before I returned from Arizona Heart to get my truck.


 


State law says slots posted for handicap are only for handicap period.


 

Expert:  LawHelpNow replied 4 years ago.
Hi Guy,
My name is Ben. I'm a licensed attorney and registered nurse. Glad to try and help out.

Thanks for writing back. Hope you're having a good weekend.
Alright, this makes sense now and thanks for further explaining.
I see exactly where you're coming from, your argument is certainly logical, and I have every sympathy to your situation. But, there is a fatal flaw that would preclude you from prevailing. It lies in the fact that the statute, which you quite astutely referenced, applies to street parking and/or publicly owned and operated parking facilities.
Now, that's not to say there's no application to private property, but a key distinction is the identity of the owner. Think of it along these lines, just for the sake of illustration, if you will, please. Say I own a restaurant and permit someone to park in a certain manner. That's a lot different from say going to Walmart and an able-bodied person parking in designated disabled parking (which, by the way, I personally find incredibly offensive).
In your case, there are even more factors at play in favor of the hospital, namely: (1) the benefit of having its own legal team; (2) the affirmative defense of necessity; (3) strong public policy reasons behind the need to conduct medical imaging; and (4) the amount of time your vehicle was left in the spot (due to no fault of your own, quite obviously).
So, what all of this adds up to is the hospital would win the day in a legal battle.
I am sorry to say so, but I felt you deserved a straight and truthful answer.
Most of all, I wish you only the best with your health.
Please, don't hesitate to write back if you need anything else at all.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
Take care,
Ben
Expert:  LawHelpNow replied 4 years ago.
Hello Guy,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben