Posted on Feb 13, 2018
Can someone with a disabled tag park in a reserved spot?
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Posted in these groups: 
Law EnforcementDisabled American Veterans, Dept of Florida
Law EnforcementDisabled American Veterans, Dept of Florida
Posted 6 y ago
Responses: 5
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If you're referring to say parking in the CGs space, pretty sure no. Parking is designated for specific reasons. Handicap is provided per the ADA. Parking for rank is a matter of whatever directives or policies out there. The two are completely different. In reality, with the vehicle stickers going away, there's much more of an honor system aspect for the rank parking spots. I got shook down parking in an O-6 spot because I didn't "look" like an O-6. Go figure. That said, a handicap spot is rankless. I have seen reserve handicap spots established for specific individuals (employees) so general handicap spots are not log jammed all the time. Apples vs. oranges comparison here. I see handicapped senior types park in the rank designated spots vs. handicap because they are close enough without taking up an E-4's disabled Vets ADA spot.
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SSG Edward Tilton
In my case it was the Courts opinion that the ADA did not make hat distinction. In our case the employees were required to pay to park in areas restricted to them and the courts still didn't care. As far as they were concerned handicapped could park in any space not occupied. That won't be an issue until someone takes it to the Supreme Court, until then it may vary from place to pllace
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CAPT Kevin B.
I'm sure ADA doesn't. The Act requires certain things but is silent on the rest. I'm sure the Act doesn't say "if the handicap parking isn't available, you can park in anyone's other space regardless of public/private ownership, designation, etc. for free. Courts are loathe to confer a privilege where one isn't specified in the law.
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Not only does the person for whom the sticker is issued have to be in the vehicle, but, they have to either enter or exit the vehicle to be a valid use of the handicapped space.
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The only reserved spot for handicapped parking is one designated for Handicapped parking. Either a plate for disabled or handicapped must be on the vehicle or a handicapped parking permit. The disabled or handicapped person must physically be in the vehicle for parking there, the permit is for the person not a blanket pass for anyone that drives that vehicle. Handicapped spaces are placed near the entrance of building for a reason but other reserved space are NOT open for anyone but those that are stated on the sign or other posting. This rule would apply on any Military installation as well as in civilian areas. I base My opinion on over 40 years of combined Military Police as well as civilian Police experience IAW both Federal and State regulations or laws.
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