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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Next month I will have completed my 12th year and starting

Customer Question

Next month I will have completed my 12th year and starting my 13th year with my company. For all of those years, I have parked in the same handicapped spot right outside the main entrance. There are a total of 4 spots in the front by the main entrance. My fellow employees have paid for reserved spots. I tried to pay but was told that I didn't need to because I was in a handicapped spot. Well now they have decided to change the parking rules and everyone including myself will be paying approx. $210.00 per year. I do not have a problem with paying. Money was never an issue. the issue is that now they have told me that the 4 handicap spots in the front of the main entrance will only be allowed for Visitors and not employees. I will have to park in the rear of the building in handicap. I wouldn't mind this, only my office is up in the front of the building by the handicap parking. It is a very long distance for me to walk.
I could have the help of a scooter to go to and fro in the back of the building, only I am embarrassed to have attention drawn to me, since I am not at the point yet of having to resort to this. I wish to stay a mobile as I can for as long as I can. I do however use a cane. I am going to be 70 years old next month, and want to hold on to my dignity as long as I can. I am not aware that the NRA 484.408 states that there are classes of handicap able to use the spot. in this case, it is not a matter of the severity of my handicap other than I am an employee and not a visitor. also bear in mind that my fellow employees will be paying the same amount of money as I and will be allowed to park in the front of the building but I will be discriminated because of my disabilities.
please advise.
Submitted: 5 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

Just to be clear, you are lawfully handicapped, correct? If so, then the employer CANNOT treat you differently from any other person with a disability, whether employed by them or a visitor to the company. Therefore they CANNOT make you use a spot that isn't handicapped. Charging you is generally not a violation under the ADA if all employees are so charged, but making you use a regular stop and unreasonably affect you would violate the ADA. Contact your Human Resources, explain that you are disabled, and if they demand that you move you will file a grievance under the ADA. They should at that point relent and treat you like any other person with a disability (as is the law).

Sincerely,

Dimitry, Esq.

Customer: replied 5 months ago.
I am legally hc
I have a placard as well as plates for the past 30 years
I understand that but can they make me park in the back further away from my work space
And wh o I do when they fine me or tow my car like they told us in the meeting
Customer: replied 5 months ago.
All I want to know is now that they have told me that the four handicap spots in the front main entrance are for visitors and I can't use them, is that legal
Expert:  Dimitry K., Esq. replied 5 months ago.

Hi,

In a word, no, they cannot make you park in the back if by doing so they are barring your ability to use handicapped spots. Those spots are not theirs to control, they are a federal obligation for ALL handicapped and disabled people, employees or not. If they actually tow you or fine you then your complaint and suit against them becomes larger and then you can pursue them for punitive damages. If they give you a hard time tell them to speak with their own in-house counsel who has experience with labor law and with federal guidelines--ANY attorney who is halfway competent would tell them to leave you alone and not harass you as far as a handicapped space. So no, as I said, what they told you is not legal--those spots are for anyone to use who happens to be handicapped.

Sincerely,

Dimitry, Esq.

Customer: replied 5 months ago.
Thank you for you quick response
To be perfectly clear they want me to park in rear building handicap because they are making the front handicap for visitors only
Expert:  Dimitry K., Esq. replied 5 months ago.

Hi,

My pleasure!

And I can understand their desire to do so...but they cannot bar your ability to enter the premises or park there. Those are not THEIR spots...those are federally mandated spots for use for anyone who is disabled, visitor or employee. They cannot turn them into regular spots as those are spots that are designated to exist under code, and they cannot control who parks there other than by removing those who aren't handicapped. So while they may have this desire, that is ultimately too bad as they cannot force you to comply.

Sincerely,

Dimitry, Esq.