Private Property Handicap Parking: Know Your Legal Options (CA)

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Post on Mar 14, 2025

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Private Property Handicap Parking: Know Your Legal Options (CA)

Finding a convenient parking spot is a daily challenge for many, but it becomes significantly more difficult for individuals with disabilities. In California, the laws surrounding handicap parking on private property are often misunderstood, leading to frustration and inconvenience. This guide clarifies your rights and options if you encounter issues with accessible parking in private lots.

Understanding California's Disability Parking Laws

California takes accessibility seriously. While the Americans with Disabilities Act (ADA) primarily governs public accommodations, California's Disabled Persons Act (DPA) extends protections to private property in certain circumstances. The key difference lies in the type of property:

• Public Properties: The ADA mandates accessible parking spaces in all public spaces, including shopping malls, government buildings, and businesses open to the public. Violation of ADA parking regulations can result in substantial fines.

• Private Properties: The DPA doesn't mandate accessible parking spaces in all private properties. However, it does offer significant protection if a private entity chooses to provide parking and fails to make it accessible. If a private business offers parking to customers, and those spaces are not compliant with accessibility standards, it may be a violation of the law, depending on the specifics.

Key Differences and Considerations:

• Number of Spaces: The ADA strictly dictates the number of accessible parking spaces required based on the total number of parking spaces available in a public facility. There's no such fixed requirement for private lots.

• Enforcement: ADA violations are enforced by federal agencies and can lead to significant penalties. Enforcement of DPA violations related to private property is generally handled through civil lawsuits.

• Size and Accessibility Features: Both the ADA and the DPA mandate specific dimensions for accessible parking spaces, including wider spaces and access aisles to accommodate ramps and wheelchairs.

What to Do if You Encounter a Problem

If you encounter a problem with accessible parking on private property in California, take the following steps:

1. Document the Issue:

• Take photos: Document the lack of accessible spaces, any obstructions, or signage issues.
• Note the date, time, and location: Precise details are crucial for any legal action.
• Note the business name and contact information: Gather information to file a complaint or pursue other options.

2. Contact the Property Owner or Manager:

• Politely explain the issue: Start with a friendly approach. Many businesses are unaware of their responsibilities or may have unintentional violations.
• Reference relevant laws (ADA and DPA): This shows you understand your rights and encourages a prompt resolution.
• Request a resolution: Ask for immediate action to correct the violation, whether it's adding appropriate signage or creating accessible parking spaces.

3. File a Complaint (If Necessary):

If your attempts to resolve the issue directly are unsuccessful, you may consider filing a complaint with the relevant authorities. Depending on the nature of the property and the violation, this might involve:

• The California Department of Fair Employment and Housing (DFEH): If the accessibility issue relates to employment or housing discrimination.
• Local authorities: Your city or county may have specific accessibility regulations and enforcement mechanisms.
• Private legal action: In some cases, pursuing a civil lawsuit against the property owner may be necessary.

Preventing Future Problems

While you cannot force a private business to provide handicap parking if they don't offer parking at all, you can advocate for accessibility by:

• Supporting businesses with accessible parking: Choose to frequent businesses that demonstrate a commitment to accessibility.
• Contacting business owners directly: Express your appreciation for accessible parking and encourage others to do the same.
• Reporting violations: Help ensure compliance by reporting violations to the appropriate authorities.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. For specific legal guidance regarding your situation, consult with an attorney specializing in disability rights in California. The laws surrounding accessibility are complex and vary depending on specific circumstances.