Parking situation - advice welcome!

[kaytieeldr]

The office where I work is in a mixed-use building - retail, us, and apartments.

There is a garage under the building where, for a monthly fee and on a prearranged basis, some of us park We're apparently entitled to four (of the 100+) spaces, but currently lease 11.

I have a handicap placard. Several years ago, I got what at the time was the last available parking space, because it's a handicap spot (per signage).

There are two entrances to the building - we don't have access to the door to which my space is close; instead, I have to walk about a third of the way across the garage.

I have been requesting a change for several years. The first time, I just wanted to move one space closer to my entrance. The building manager said "no", and started parking there himself.

So, they've had a different manager for at least two years. I continue to periodically request a change - first through the Office Manager, then when she left our President's Executive Assistant, and now we have a Human Resources Manager.

Now, granted, most of the spaces on my short list of requested moves are not HP spaces - but the one that is, is occupied by a car with no HP plate or placard; and one of the building's employees is assigned to an HP space because his truck is too big for a regular spot. These assignments were made by the previous administration, but they continue and I do NOT expect those spaces to change hands (slight sarcasm alert: never mind that the tenant in the HP space uses the car about one week a year; the rest of the time it remains parked, so I'm not sure why we can't switch spaces).

This year, I am 100% certain that one of the most convenient, but not HP, spaces is empty. I watched the tenants move out. I'm 99% certain the space next to it is available right now, too.

But still, HR is getting stonewalled. Yesterday she was told if she continued to push my request, building management would enforce our limit of four deeded spaces. Now, of COURSE I don't want to be the cause of that.

I have offered - to HR, not to building management - to obtain a doctor's letter explaining that I have issues in addition to mobility, that would be helped if I has closer/faster access to my office (true). She said no, I should not do that - I know, HIPAA and privacy and all that.

So, does anybody have any other suggestions?

 

[bookwormde]

If when the building was designed (or significantly modified as to structure or use class) there was a requirement for a certain number of handicapped spaces then they have to continue to exist and may not be reassigned to non-handicap usage. The safest thing to do is to call the local police department and anonymously report that the spaces are being parked in illegally.

This does not guarantee you the closest space but may help.

The building manager by making the “threat” to reduce spaces base on the request to comply with ADA violates the DOJ final rule 28 CFR 36 section 36.206 paragraph (b)

“No private or public entity shall coerce, intimidate, threaten or interfere with any individual in the exercise for his or her rights under this part or because that individual aided or encouraged any other individual in the exercise or enjoyment of any right granted under this section.”

bookwormde

 

[kaytieeldr]

Thank you! This manager is better than the last one - who, when I complained (politely) that the door was too heavy, claimed that the building "meets all HCHP requirements". Now, we're in Massachusetts - the only HCHP I could find was an HMO called Harvard Community Health Plan : which I know does not have anything to do with disability rights, access, etc.

But the problem isn't that he's threatening to take away handicapped parking spaces; instead, he said if we continue to push the issue (but more tactfully) he would take away seven non-HP parking spaces from our company. I don't want seven co-workers mad at me.

I'm starting to write a 'butter-up' letter, complimenting him, saying I know he has a great deal of responsibility and a difficult, stressful job, and how I understand my request is just a minor blip on his screen... then go on to explain the actual point of handicapped parking spaces and how, while I appreciate being assigned to such a parking space, a non-designated spot closer to my office would better achieve the intent... and then, if nothing else works, go to Walmart and buy a fish scale to show that the door does require more pounds of pressure to open than the ADA allows Last resort. Absolute last resort. Well, unless my employer would just let me work forty hours straight every week, so I only enter and exit the building once

 

[mechurchlady]

You can go to the local government to see what was required in the building of the site and any later changes. I can go look at a house or business and see what the city said was allowed.

All you have to do is call the police and inform them that someone is in a disabld spot without a placard.