Mediation Fails in DC Parking Suit; Case Will Go to Trial

by Rob Ingraham

Mediation has failed to resolve a long-standing suit against the District of Columbia by United Spinal Association and the Disability Rights Council of Greater Washington charging that DC’s parking regulations discriminate against individuals with disabilities (See Orbit, May ’04 and September ’05).

Initial disclosure and documents were due at the U.S. District Court for the District of Columbia on October 18, 2005 when Judge John D. Bates established the trial schedule. United Spinal and the Disability Rights Council are being represented pro bono by Doane Kiechel, Seth Galanter, Jennifer Richter Maurer, and Matthew Schruers of the Washington, DC, office of Morrison & Foester and Elaine Gardner of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.

The suit alleges that the District’s 17,000 parking meters are totally inaccessible because they cannot be reached by someone in a wheelchair or are surrounded by trees, curbs, flower boxes, or cracked sidewalk pavements; the handicap parking placard program requires unnecessary personal medical information from applicants and imposes redundant hurdles to obtain and renew such placards; and finally, there is no “reciprocity” for handicap placards and/or licenses issued by other states, for example, out-of-state placards are not accepted in DC, which means that anyone not living in the District must apply for and renew a DC placard (Civil Action No. 03-0529).

The suit was filed in April 2004, and in March of this year, Judge Bates rejected a bid by the District’s attorneys to have the suit dismissed. Both parties subsequently agreed to a court-appointed mediator.

The suit was originally launched in response to concerns that thousands of World War II veterans with disabilities—most of whom would be from out-of-state—would be unable to obtain handicapped parking placards or find adequate parking to attend the dedication of the new World War II Memorial at the National Mall on Memorial Day, 2004.

Responding to the possibility that many veterans could be shut out of an event that was certain to draw widespread media coverage, the District of Columbia City Council and the Mayor hastily enacted the temporary “Individuals With Disabilities Parking Reform Emergency Amendment Act of 2004.” The Act extended free parking privileges to vehicles displaying a valid parking permit, license plate or placard for people with physical disabilities issued by other states and jurisdictions of the United States for the duration of the Memorial Day festivities, or about 9 days. The dedication ceremony was unmarred by parking problems, but the civil suit proceeded as United Spinal and its coplaintiffs sought a permanent remedy.

United Spinal’s Program Counsel Kleo King said that talks apparently broke down over the issues of making the meters conform to the accessibility requirements of the Americans With Disabilities Act and the question of damages and fees.

“Naturally, we are disappointed that mediation failed and that we must assume the expense and the administrative burden of a trial,” she said. “We remain confident, however, that we will prevail and the District of Columbia will one day be more accommodating to drivers with disabilities from all over the country.”

Rob Ingraham is senior editor for Communications.