Posted on Oct 1, 2020
SSG Cdt Cpt
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I am a MS3 ROTC Cadet with a Handicap Parking Permit. The Cadet BN CDR ordered me to move my vehicle from the Handicap Spot to another location because: 1) parking spots in the front of the BLDG is for Cadre, 2) my vehicle is blocking the entrance (my vehicle is within the Handicap Parking boundaries), 3) i need to park at the Cadet parking lot.

What are some guidance from Rallypoint?
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Responses: 99
CPT Jason Sierakowski
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I'm curious why you think Rally Point is going to give you sound guidance on this. You could look at state laws for handicap parking, which you are within the law to use.

"Cadre parking" is not a lawful parking area. It doesn't matter what an SOP or MFR says.

This always kills me.... The only authorized parking locations are handicap, it's the law. I get it, CSM and the Commander want a parking spot... There is no legal basis for that. If a Soldier parks in said spot, the MPs cannot tow a vehicle. Just because you paint a curb your unit color doesn't make it legal.
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COL Kelly Hines
COL Kelly Hines
24 d
SGT Dan Gray - Don't think anyone said the BN CDR was parking in a disabled spot
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COL Kelly Hines
COL Kelly Hines
24 d
LCDR Robert S. - I can imagine that situation, just cant imagine a cadet that thinks he "should" use it when he's completely cleared for PT (does not need it anymore by his own admission). The "legally" allowed to use it argument by the barracks lawyers on here is disappointing at best.
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LCDR Robert S.
LCDR Robert S.
24 d
COL Kelly Hines - I'd say, "I just can't imagine a situation in which a unit commander would open himself and the Army up to a lawsuit for violating the law like that," but I don't have to imagine it. It's not barracks lawyering to point out that the CO of the ROTC unit BROKE THE LAW by giving that order. Don't laws matter to you senior Army officers? "Completely cleared for PT" does not mean "completely cleared for anything which would preclude the need for a handicapped permit."
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COL Kelly Hines
COL Kelly Hines
24 d
Us "senior Army officers" obviously know more about what we expect out of our future leaders than mid grade Navy guys do. You are right, the cadet was completely within his rights to park there, however, its a question of judgement. Bottom line, he won't make a good officer and those that don't understand that point don't get it either.
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SFC Patient Service Tech
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I would like to see your BN CDT CDR explain to the Senior ROTC Instructor(s) why you were ordered to move your car from a handicap spot when you have a valid (even if it's a temp one) permit.
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SPC Jasen E.
SPC Jasen E.
2 mo
MSgt Gilbert Jones - I know from experience once a doctor sets the board in motion, only that doctor or the medical board can change one's status. A CO cannot say, "No, no, no! You go see the doctor I want you to see." There's a reason why doctors are the ones to decide a persons health and not non medically degreed COs. The most asinine thing I ever heard came from a 1st Lt when he heard of my case and the severe restrictions placed upon me and said that doctors shouldn't be able to make that call!!?!??!? He was barely qualified to use a bandaid and he thinks that a doctor shouldn't be able to determine what an injured person can and cannot do? Yeah, that really happened.
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MSgt Gilbert Jones
MSgt Gilbert Jones
2 mo
Excuse me, what the heck are you talking about SPC Ewalt? Was he indicating you needed to see a mental health doctor?
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SPC Jasen E.
SPC Jasen E.
1 mo
No, MSgt Jones, this was a Lt in my unit that felt he knew better than doctors what kind of work I was able to do. The way he expressed it, he felt like company level officers should be the ones to decide what an ill or injured soldier should do or not do. He was upset that I was only able to work half a day in the months after having half of my intestines removed in an emergency operation. I don't know why he felt the way he did. He just spoke those feelings to me and left in a huff. I was taken aback, to be honest. Thankfully I didn't get that from anyone else.
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MSG Clyde Mills
MSG Clyde Mills
24 d
Plain and simple you should have reported this Farce of a Lt. to your Chain of Command and let them dealt with this Ill-Informed young Lt. This Lt. has no right at all in giving his advice on who is or who isn't able to do their job once they are under a Medical doctors Profile. Especially if they have a Handicap Parking Permit. This type of response by this Lt. could possibly get him in (HOT) water under the ADA. Might as well get this young Lt. the proper school he needs in order that he doesn't open his mouth and stick his foot in it again over something he has no knowledge of or has the Right to give such an Order.
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LTC Kevin B.
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Edited 5 mo ago
If you have a handicap permit, you are legally able to park there. I would tell the Cadet Bn Cdr to first discuss the matter with the university police.
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SSG Medically Retired
SSG (Join to see)
4 mo
SGT Christina Barron - I know I have DV plate from TN and it is the same as a handicapped plate as are almost all of them. The only real difference is one needs a medical doctors note and a DV plate requires something fron the VA. They both serve the same purpose though.
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CW2 Kenneth Russell
CW2 Kenneth Russell
2 mo
SGT Christina Barron - actually, that's technically incorrect. If the state of issue for the license has authorizations (like Louisiana does - A DV plate is also a handicapped plate, as is in TX), then that authorization travels with the registration and not the just in the state of issue. I had the same issue in Washington DC, when I parked in a handicapped spot and got cited for not having a hang-tag up. It got thrown out faster than an MLB fast pitch when I presented them with a copy of Louisiana's statute saying it served as handicapped parking authorization. One state, cannot enforce another's states regulatory requirements so long as the vehicle is properly registered and and titled; Such as an expired inspection sticker from another state. (That doesn't mean that some police officer in that state won't issue the citation, but it does mean that it is an affirmative defense in the court and it will get thrown out). And if the vehicle gets towed because the officer is ignorant of the law, then well their agency gets to pay that tow bill.
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MSG Clyde Mills
MSG Clyde Mills
24 d
SGT Christina Barron - AS a person who has a Handicapped Permit, a Doctor does not have to be the only one to sign a Handicapped permit. It can be signed by the actual person working at the DMV of a person's State. If they can legitimately make a determination that the said person requesting the Handicap permit is Handicap, i.e. Blind, uses a wheelchair, walker, cane etc. then this DMV Clerk can sign the Handicapped space line provided as verifying that the individual is in fact disabled.
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Sgt Joan Acquistapace
Sgt Joan Acquistapace
23 d
SGT Christina Barron - Interesting - in California, to get the DV plate, you have to be 100% and have special paperwork to obtain the plates. DP is for just about anyone who can talk a doc into signing a form. I have had 'special cops' (store security types) sit on my car waiting for me to return to tell me I am illegally parked, but then I get a chance to educate them as to what a disabled plate looks like (I don't usually put the hang tag up with the plates). I always thank them for policing the usage of the handicapped parking spaces, because it means that on a day that I need to use the space, it just might be available. Semper Fi
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