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Accessible parking is crucial for millions of Texans with disabilities to navigate their daily lives effectively.
A lasting impact of the Americans with Disabilities Act passed in 1990, the blue signage and crosshatches between spots have become more common than ever. They make it possible for people with a range of disabilities — some visible, some not — to access everything from hospitals and clinics to movie theaters and amusement parks.
In Texas, almost 28% of people have a disability, according to a 2021 report from the Centers for Disease Control and Prevention. The Texas Department of Motor Vehicles issued 325,966 permanent ADA placards in 2022, including renewals, according to agency spokesperson Adam Shaivitz.
However, there are advocates who believe that the system can still be enhanced. They argue that these parking spots should be consistently maintained and accessible to disabled individuals, even in crowded situations. Additionally, advocates emphasize the importance of stricter enforcement of rules to prevent individuals without disabilities from parking in these designated spots.
Chase Bearden, the director of advocacy for the Coalition of Texans with Disabilities, expressed concern about the frequent abuse of accessible parking spots. Bearden emphasized the significance of these spots as a crucial support system for individuals like themselves. However, Bearden stressed the necessity for effective enforcement and regulation of these spaces to ensure their proper use.
Throughout the years, legislators have implemented various laws to make adjustments to the system and tackle these concerns. Now, let’s delve into the current state of disabled parking in Texas and gain a comprehensive understanding.
What is accessible parking?
These parking spots “must be located on the shortest accessible route to the accessible entrance,” according to federal guidelines.
According to federal law, building owners are obligated to allocate a specific number of parking spaces for disabled individuals. These parking spots must adhere to the prescribed width and length measurements. Additionally, access aisles, typically indicated by crosshatches, must be included to provide sufficient space for wheelchair users to exit their vehicles.
According to Bearden, a lot of individuals are unaware of the regulations regarding accessible parking. Consequently, they may park in a manner that obstructs the adjacent spot, without realizing that they have inadvertently rendered it inaccessible for someone in a power chair who needs to unload.
In 2019, a state law was enacted, mandating that newly designated spaces must be clearly marked with a sign displaying the universally recognized International Symbol of Access, commonly known as the wheelchair symbol.
Am I eligible for accessible parking?
To qualify for these parking spaces, a person must have a medical condition that meets the state’s legal definition of disability. This can include people who are blind and people with mobility issues caused by a number of conditions, including lung disease or arthritis, according to the state’s DMV website.
Temporary placards in Texas are available in red for individuals with broken bones or muscle conditions that are not anticipated to persist for more than six months.
If you qualify, you can apply for a placard through your local county tax assessor-collector’s office. A doctor or health care provider has to fill out part of the application.
According to the website, individuals applying for a disabled parking permit have the option to receive either a set of blue placards or a license plate displaying the wheelchair symbol to signify their qualification. It is mandatory to have one of these visible when utilizing designated parking spots, and it must be used by either the disabled person or the person responsible for driving them.
How have new Texas laws changed accessible parking?
In 2019, state Sen. Drew Springer, a North Texas Republican, introduced a law to ensure people could recognize an accessible parking spot, requiring multiple signs including the wheelchair symbol and a “no parking” warning for the crosshatches so people wouldn’t park there.
Lydia Springer, the wife of Springer, has been wheelchair-bound for over two decades following a diving accident.
Springer expressed that whenever his wife comes across a new building with a “no parking” sign, it brings her joy. This is because she knows that she won’t have to face the struggle of someone trying to park uncomfortably close to her car, leaving her with only six inches of space to maneuver her 31-inch wheelchair.
Despite the collaboration between advocates and Springer to successfully pass the law, an unintended consequence arose. Parking spots that were not updated according to the new regulations were deemed “out of compliance” with state standards due to the absence of appropriate signage. Consequently, when officers attempted to issue tickets to able-bodied individuals parking in designated spots, these tickets would be dismissed, resulting in no consequences.
According to Springer, the judges’ dismissals of these cases resulted in a halt in ticket writing by the police.
To fix this loophole, Springer worked this year to pass SB 904, a bill that would ensure people would still receive citations for parking in a disabled parking spot where signage had not been updated. That lack of sign compliance could no longer be used as a defense.
Another separate law in 2021 changed the eligibility of who could use these parking spaces.
Anyone with a disabled veteran’s license plate could park in these spots before 2022, but the law now requires a medical sign-off to either get a placard or wheelchair symbol in addition to their license plate.
Thirty percent of veterans in Texas are disabled, according to a report from Every Texan, a nonprofit that advocates for access.
How are violations of accessible parking laws enforced?
Texans who misuse disabled parking placards or park in spaces without appropriate signs can be fined up to $1,250 and given up to 50 hours of community service, according to the state. Law enforcement officers can also seize a placard they believe to be counterfeit.
But law enforcement doesn’t necessarily catch them all, said Mack Marsh, the project director for Parking Mobility, an Austin-based nonprofit that works to combat accessible parking violations in multiple states. The Parking Mobility app allows people to report offenses they see. The information is then forwarded to the city, which tickets the vehicle.
According to Marsh’s findings in 2013, he discovered a pervasive presence of offenses occurring constantly, without adequate repercussions. After speaking with law enforcement officials, it became apparent that judges were dismissing cases due to their belief that substantial fines were excessively punitive measures.
According to Marsh, he created a class that serves as an alternative, aiming to educate individuals on the significance of these spaces, provide them with the necessary guidelines, and foster an environment where repeated offenses are discouraged.
Springer noted that it could still potentially fall short.
Springer suggests that individuals often rationalize their actions by thinking, “I’ll only be in here for 30 seconds and I’ve been to this parking lot 200 times without seeing anyone in these 10 spots.” Consequently, they believe it is acceptable. However, when this behavior becomes repetitive, Springer believes that the penalty should be subject to escalation.
Where can I get more information?
The Governor’s Committee on People with Disabilities held a training session on accessible parking earlier this month and you can view it here.
Find the application for a placard or license plate symbol here.
More information from the state’s DMV website can be found here.
Neelam Bohra is a disability reporting fellow, covering accessibility issues affecting Texans. She was a member of the 2022-23 New York Times Fellowship class. Her fellowship is a partnership between The New York Times, The Texas Tribune and the National Center on Disability and Journalism at Arizona State University. The fellowship is funded through a grant from the Ford Foundation.
Disclosure: Coalition of Texans with Disabilities, Every Texan and New York Times have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
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