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SAWHORSE
Will a handicapped parking placard work for restaurant to-go space?
September 12, 2010
By MAURA AMMENHEUSER
Special to The Press-Enterprise
Q: Peggy Hamm, of Riverside, wrote in an e-mail: "I have been dismayed at the number of restaurants that have moved their handicapped parking farther from their entrance. Instead, they have reserved parking for customers who are coming to pick up call-ahead meals. Am I allowed to park in these spaces if I display my handicapped placard?"
A: The consensus among legal and restaurant experts is that they're unaware of any rules explicitly allowing or banning disabled customers from parking for more than a few minutes in the takeout parking spots. Nobody knew of anyone getting a ticket for doing so, either.
"I'm sure that most restaurant managers would not say a word to a disabled customer who parks in a 'to-go' spot," said Stuart Donald, a food writer and chef who's worked at eateries in four states.
However, anyone -- disabled or not -- who parks in the to-go spot while dining in the restaurant is clearly misusing the free space.
On to the legal debate.
Riverside City Attorney Greg Priamos said no local ordinances directly address this question.
The city follows state law concerning disabled parking, he said. Oscar Michelen, a New York attorney with many restaurant clients, said eateries with parking lots must comply with whatever local law says about the number of parking spots reserved for the disabled, which usually is determined according to the size of the restaurant.
In turn, local laws must comply with the federal Americans with Disabilities Act, Michelen said. The ADA requires that the handicapped spots be those closest to the doors, he said, noting that the act refers to them as those providing "the shortest accessible route of travel." Priamos added that the law specifies the front or main door, not one in back.
Michelen continued: "If the restaurant has more than one entrance, there must be a handicapped spot near each entrance."
Donald explained that to-go spots are often as close to the door as possible to satisfy insurance companies' concerns over the safety of the restaurant employee who shuttles meals and money between parking lot and kitchen.
"They are the only (employees) required to deal with the traffic in the parking lot and the potential for being robbed," Donald said. But no insurance policy overrules the ADA, Michelen said.
Donald raised another liability-related scenario. If a handicapped customer parks in the to-go space while eating inside, forcing the takeout server to walk farther through the parking lot to deliver orders, and the server is hit by a car, the customer parked in the to-go spot could be held liable for the accident, Donald said.
Michelen said that in theory, that argument could hold up in court, but he's never seen a case involving such circumstances. Rather, Michelen says Hamm's "instincts are right," that it only makes sense, legally and in terms of customer service, for restaurants to give first priority to the least mobile people -- those with state-issued handicapped placards.
All that said, Michelen doubts Hamm has any claim worthy of a lawsuit over her favorite restaurants' potential violation of the ADA. Like anyone else, the disabled who are displeased with a restaurant can take their business to a more accessible one, Donald said. Michelen suggested that if the locations of the disabled parking spaces are truly creating problems for Hamm, she could file a complaint with the local building inspector.
Confused about state or local traffic laws or a traffic condition? Send questions, along with an e-mail address, phone number, full name and city to ontheroad@PE.com or call 951-375-3720.
September 12, 2010
By MAURA AMMENHEUSER
Special to The Press-Enterprise
Q: Peggy Hamm, of Riverside, wrote in an e-mail: "I have been dismayed at the number of restaurants that have moved their handicapped parking farther from their entrance. Instead, they have reserved parking for customers who are coming to pick up call-ahead meals. Am I allowed to park in these spaces if I display my handicapped placard?"
A: The consensus among legal and restaurant experts is that they're unaware of any rules explicitly allowing or banning disabled customers from parking for more than a few minutes in the takeout parking spots. Nobody knew of anyone getting a ticket for doing so, either.
"I'm sure that most restaurant managers would not say a word to a disabled customer who parks in a 'to-go' spot," said Stuart Donald, a food writer and chef who's worked at eateries in four states.
However, anyone -- disabled or not -- who parks in the to-go spot while dining in the restaurant is clearly misusing the free space.
On to the legal debate.
Riverside City Attorney Greg Priamos said no local ordinances directly address this question.
The city follows state law concerning disabled parking, he said. Oscar Michelen, a New York attorney with many restaurant clients, said eateries with parking lots must comply with whatever local law says about the number of parking spots reserved for the disabled, which usually is determined according to the size of the restaurant.
In turn, local laws must comply with the federal Americans with Disabilities Act, Michelen said. The ADA requires that the handicapped spots be those closest to the doors, he said, noting that the act refers to them as those providing "the shortest accessible route of travel." Priamos added that the law specifies the front or main door, not one in back.
Michelen continued: "If the restaurant has more than one entrance, there must be a handicapped spot near each entrance."
Donald explained that to-go spots are often as close to the door as possible to satisfy insurance companies' concerns over the safety of the restaurant employee who shuttles meals and money between parking lot and kitchen.
"They are the only (employees) required to deal with the traffic in the parking lot and the potential for being robbed," Donald said. But no insurance policy overrules the ADA, Michelen said.
Donald raised another liability-related scenario. If a handicapped customer parks in the to-go space while eating inside, forcing the takeout server to walk farther through the parking lot to deliver orders, and the server is hit by a car, the customer parked in the to-go spot could be held liable for the accident, Donald said.
Michelen said that in theory, that argument could hold up in court, but he's never seen a case involving such circumstances. Rather, Michelen says Hamm's "instincts are right," that it only makes sense, legally and in terms of customer service, for restaurants to give first priority to the least mobile people -- those with state-issued handicapped placards.
All that said, Michelen doubts Hamm has any claim worthy of a lawsuit over her favorite restaurants' potential violation of the ADA. Like anyone else, the disabled who are displeased with a restaurant can take their business to a more accessible one, Donald said. Michelen suggested that if the locations of the disabled parking spaces are truly creating problems for Hamm, she could file a complaint with the local building inspector.
Confused about state or local traffic laws or a traffic condition? Send questions, along with an e-mail address, phone number, full name and city to ontheroad@PE.com or call 951-375-3720.
