by Terry Moakley and Donna Fredericksen
United Spinal Association recently joined the Disability Rights Council of Greater Washington and individual plaintiffs Russell Holt of Maryland and John Folan of Delaware in a suit against the District of Columbia concerning inaccessible parking meters and discriminatory practices in the handicapped parking placard system used in that city. This suit is brought under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the D.C. Human Rights Law. Defendants in this matter include the District and its Departments of Transportation, Motor Vehicles, and Public Works.
A press conference was held on March 31 in Washington about this matter, and United Spinal’s Bill Hannigan was featured in two local television reports and in an article on the cover page of the Metro section of The Washington Post. We also heard that stories about this lawsuit were on television as far away as Los Angeles.
A factor that makes this case very timely is the arrival in the District of several hundred thousand World War II veterans-most of whom are disabled-on Memorial Day weekend for the dedication of the new memorial on the National Mall for them and their fallen comrades.
This lawsuit alleges that many of the 17,000 on-street parking meters in the District are totally inaccessible to persons with disabilities. In some cases, the coin slot is either too high (more than 54 inches from the ground) or it faces the street making it more impossible to reach; in other cases, parking meters are rendered inaccessible because they are either surrounded by trees, flower boxes, lampposts or concrete barriers, or a person with a disability must negotiate cracked sidewalks to reach the meter.
Further, this suit alleges that the handicapped parking placard program requires unnecessary personal medical information from applicants, and it imposes redundant hurdles to obtain and renew such placards. The lengthy and obtrusive placard application, for instance, requests information about prior hospitalizations, medications prescribed, and whether the applicant has a significant mental disorder. Verification by two physicians is required. When initially applying for the placard, the person with the disability must apply in person; since placard renewal is required each year, and one must surrender the current placard if renewing by mail, it is burdensome to renew in person each year so the placard holder does not lose parking benefits during the renewal process.
Finally, if you are an out-of-District resident, the handicapped parking placard issued in your home state is not accepted in Washington; therefore, out-of-District residents must apply for, and renew annually, a District parking placard if they wish to park in metered spaces. And, all of the burdensome requirements mentioned above would apply.
We are hopeful for a satisfactory resolution of this matter, and, when it happens, you will read about it in the Orbit.
Terry Moakley is Associate Executive Director of Communications and Public Affairs. Donna Fredericksen is Senior Public Affairs Officer.
