I have an Autistic daughter who is a flight risk. I ccurrently park in front of my house because it is the safest way to get my daughter in and out of the car. I have been parking on the street overnight for years. My wife has lived in the house for 49 years and has always been able to park on the street in front of the house. The town has never inforced the 2AM to 6AM no parking law on my street only. The Mayor states he did not know we were parking at night and now has to stop us. I have a Handcap permit but I was told I cannot park overnight in front of my house unless I purchase a Hope sticker to place on my permit. I applied for the permit but was turned down because I have a driveway. I want to know if they are discriminating against my handicappeddaughter.
Thank you for the post, I am happy to assist you by answering your questions. You mentioned that have a driveway, is the driveway closer to the entrance of your home than the street parking you have been using?
This would be a very unusual arrangement (generally a driveway entrance is closer than a street entrance). what is the approx difference in distance?
It is only about a 5 foot difference but the driveway is 8 feet wide and has stone walls on each side. One side it's 4-5 feet in height and the other side is 5-6 eet in height making it extremely difficult to get in and out of the car.
Thank you, XXXXX XXXXX city's actions are not considered discriminatory as there appears to be another viable method of entry and exit which is confined to reduce the flight risk (unlike the street parking, which makes it difficult to sustain the argument that the street parking is better for the reason of reduced flight risk, further being closer to the street your daughter, it would be argued, is in more harm of being struck by oncoming traffic than if in the driveway). I'm sorry, I wish the answer was different. Please let me know if you have any follow up questions.
Thank you. One other question if I may. IF the town hasn't enforced the law for 49 years and people bought homes and vehicles based on the fact they could park on the street overnight have they in effect given us permission and are now responsible for any loss in property values due to the loss of parking?
It depends on how old the law is that prohibits street parking, and whether a valid argument exists for being "grandfathered in." Bear in mind though that this would be an unusual provision in such a law as there normally are not grandfather provisions for such restrictions on parking.
There is allot more to this issue then I could possibly type. There are town homes on the street that the town lisencedto sell parking permits to their residents that allow them to park on a public street! I can't get one of those permits. So in effect there are cars with Hope stickers on the handicap permits and a select group of people with overnight permits that park on my street but I will not be able to.
Do these town homes have driveways?
No. A courtyard in back and garages.
Thank you, XXXXX XXXXX characteristic is enough to justify the disparity in approval for the permit. You have the benefit of a driveway, they do not. Please let me know if you have any follow up questions.
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