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December 12th, 2007 NIGEL JAQUISS | News
 

Space Odyssey

New law limits disabled parking benefits for drivers not in wheelchairs.

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Meter Maid: Disabled advocate Michael Levine says a new state parking law hoses disabled people who don’t use wheelchairs.
IMAGE: darryl James

A new state law set to take effect Jan. 1 has advocates for Portland’s disabled drivers in an uproar.

Currently, all disabled drivers get the same parking placard and the same rights. That means wheelchair users and disabled drivers who don’t need wheelchairs both enjoy unlimited free parking in on-street spaces reserved for the disabled.

But in June, the Oregon Legislature passed Senate Bill 716, which creates a new parking placard for people who are disabled but don’t use wheelchairs.

After Jan. 1, disabled people not in wheelchairs could be subject for the first time in Oregon to locally enforced on-street time limits when they park, and fines for parking too long in a space. And they will also no longer get to park in metered spaces for free.

Michael Levine, vice chairman of the Portland Disabled Citizens’ Advisory Committee, says that all adds up to stripping non-wheelchair users of crucial rights.

“As far as we’re concerned, this law was kind of a stealth measure,” says Levine, a 58-year-old advocate who is blind and doesn’t use a wheelchair.

“We have found very few people with disabilities, or representatives of the disability community that had any participation or prior knowledge in any manner of the drafting of this bill,” Levine says.

The bill passed the Oregon House 44-8 and the Oregon Senate unanimously.

A spokesman for the group behind the new law—Oregon Paralyzed Veterans of America—says his group had a simple goal: to ensure that its members who use wheelchairs could get access to disabled parking spots, particularly in off-street parking lots.

“Our members simply can’t find parking spots,” says Kevin O’Reilly, government affairs director for the veterans group, which has about 400 members in Oregon.

He says SB 716 achieves that aim by giving unlimited disabled parking benefits only to people in wheelchairs.

“The problem has just gotten worse over the years,” O’Reilly says.

(David House, spokesman for the state Driver and Motor Vehicles Division, says there are more than 80,000 disabled placards in Oregon. DMV issues the placards based on doctors’ determinations and does not try to police fraud. An investigation by The Oregonian in 1999 found there were then 13,000 placards issued to dead people.)

The new legislation explicitly preserves wheelchair users’ free, unlimited parking in public spots but gives local governments the authority to subject non-wheelchair users to all parking laws that apply to able-bodied drivers.

The financial pressure on cities to apply the new law to disabled people who don’t use wheelchairs can be huge since parking spots are gold mines: The City of Portland’s 8,900 metered spots each generate about $1,500 a year, according to an October audit.

Ellis McCoy, the city’s parking-operations manager, says disabled parkers occupy 10 to 15 percent of metered spots, often tying up prime spaces all day.

“There’s increasing pressure on local governments from businesses,” Levine says. Levine and his committee have met with the Portland Office of Transportation and the city commissioner who oversees the department, Sam Adams, to lobby them against implementing the new law Jan 1.

The City Council is scheduled to vote on Dec. 19 whether to implement or delay enforcement of SB 716.

Levine acknowledges there is widespread misuse of disabled parking placards but says that does nothing to diminish the need of those who are truly disabled. He says the new law discriminates against people who legitimately need accommodation.

Here’s how: Many people who use walkers or crutches or suffer other ailments, such as heart disease or multiple sclerosis, that limit mobility have difficulty operating Portland’s parking meters, which are often located far from the spaces where they park.

Limited-mobility citizens may need more time to shop or receive medical or government services and cannot easily move their vehicles when their time expires.

“Whether or not we have to pay for parking is not the issue for us,” Levine says. “It’s having the time to do what we need to do.”


Fact: In 2006, Portland’s parking-enforcement division cited 172 people for unlawful use of disabled placards. Each was fined $450.

 
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12.15.2007 at 11:53 Reply
It is difficult to see how this new law can stand-up to federal issued mandates regarding handicapped access and parking.

 

12.16.2007 at 04:55 Reply
while this is a poorly written law, I was shocked to learn that Costco in

Tigard banned the Washington County Disabled Parking Enforcement group from partol of their property. This effects all disabled people.

 

12.18.2007 at 08:49 Reply
This is a very confusing new law, you state that it is SB716 but in going in on the web and looking this up there is nothing in that bill but Bingo and gambling stuff. Not one thing pertaining to handy capped parking.

Do these fools realize that they are making a whole lot of folks "shut ins" as there is no way for them to park and do what they have to do? My friend uses a walker and can barely get from her car to a the store door, due to rheumatoid arthritis, the left overs from a botched broken hip repair etc. She is in constant pain. I also have RA with out the handy capped parking there are many many days that I could not live a simi normal life do to the pain level that I have to live with. Another friend who has a hart condition would be forced to stay home all the time because he can not walk more than about a half block.

This new law I feel is a total case of a very small group wanting all the parking spaces for them selves. If there is such a shortage of parking spaces why not add some more. After all our nation is aging the baby boomer's are in their mid 60's so of course the number of folks using handy capped parking spaces are going to increase any one with any brains are going to be able to figure that out.

This also is not in compliance with the national ADA material either so I think this law should be dumped and rethought.

 

12.19.2007 at 03:21 Reply
I have to add my voice to Janice's. I have RA. I have another friend with MS, and another with spinal injuries from a truck hitting his car. None of us use a wheelchair, and all of us get left in the dust by people in wheelchairs. Nobody asked us about this law. There were no studies to see how long it takes me to crawl up a few stairs or how long my friend with MS has to rest after walking a few yards. We are proud and thankful of our ability to still walk with canes and crutches. We are not going to let a bunch of prejudiced jerks force us into wheelchairs or to stay home. We are all three young looking and have been yelled at by people who think we are stealing the parking space. Well, I wish to hell that none of us needed it, so sorry to offend your delicate sensibilities. All three of us have also been late to classes or appointments because of not being able to find parking close enough and we are certainly aware of the people misusing the parking. A lot more than the rest of you are, I'm sure. The people who back this law are either offended because they are trying to get special interest feather in their hat: "Look Ma, I helped people in wheelchairs! Vote for me!", or because they are ignorant, but they sure aren't offended on the part of the handicapped who are being forced out of these parking spots by frauds. Tossing the handicapped out of handicapped parking in the guise of *helping* them? That's the craziest example of throwing the baby out with the bath water that I've ever heard of. Are we really supposed to buy this? It's obvious that what's needed here is a careful investigation into whether there's enough or proper handicap parking, how bad the problem of misuse is, and then laws that provide solutions to these real problems. This more sensible approach would be in the best interest of the Oregon Paralyzed Veterans of America and the lawmakers who provided us with this bizarre law since they obviously all suffer from a not-readily-visible disability themselves: brain damage.

 

01.05.2008 at 10:31 Reply
How do they propose to deal with out of state visitors who are full time wheelchair users, using their states handicapped placards but without Oregon's special little wheelchair user sticker? And who determines whether or not someone who uses a wheelchair part time is qualified to have one of those stickers and park in these special spots that the rest of the disabled are not allowed to use because "they are not disabled enough"?

 

 
 

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