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Is disability parking necessary at sites without parking?

mark handler

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Is disability parking necessary at sites without parking?

by Adam Lewis • August 19, 2011 11:49 am

http://greatergreaterwashington.org/post/11675/is-disability-parking-necessary-at-sites-without-parking/

New buildings near transit hubs can often be built without parking. But that can leave mobility-impaired visitors and employees with poor access. A new courthouse in Rockville, built without any parking, is drawing the ire of some for not including disability parking spaces.

On August 1, Montgomery County celebrated the opening of a brand new judicial center in Rockville. The $81 million, 167,000 square foot facility features nine court chambers, four hearing rooms, and zero on-site parking.

Local developers and governments finally discovered that new projects in downtown areas can be wildly successful even without large amounts of new parking. However, not including new parking in a project can have the side-effect of reducing the availability of designated spaces for individuals with disabilities.

This new judicial center is exactly the type of project that should not require additional parking. The courthouse is located at Rockville Town Center, blocks away from the Rockville Metro and MARC commuter train. In addition, over a dozen bus lines serve the area. Court employees and visitors who decide to drive may park in any of the public garages and lots located within blocks of the building.

However, despite the many transportation options in the area, a recent Examiner article claims that the courthouse could be "nearly impossible to reach" for an individual who uses a wheelchair. Montgomery County resident Brigette Woods claims that the "hilly surroundings" would make it too difficult to reach the courthouse and is considering filing suit against the county and state for failing to provide on-site parking.

Even though Montgomery County made the right decision in keeping the courthouse in Rockville Town Center, planners should sympathize with people like Ms. Woods. Greater Greater Washington has often noted both the many benefits and drawbacks of public transportation for disabled patrons.

While it is unlikely that Rockville's "hilly" terrain is too difficult to navigate, there are many people with canes, crutches, or heart conditions who have difficulty walking even a few blocks, especially in extreme heat or snow. For these people, taking transit may simply not be an option, which leaves them to rely on their private vehicles or expensive MetroAccess service.

The Americans with Disabilities Act requires that spaces be reserved for persons with disabilities only if a building offers parking. In this case, no additional disability spaces are legally necessary, but some spaces should still be made available. That might not require building new spaces, but instead designating some on-street spaces or ones in a nearby garage.

In the area around the Rockville courthouse and similar places such as Judiciary Square in downtown Washington, there is plenty of parking closest to the courthouse. It just happens to be reserved almost exclusively for police cars or other permitted vehicles. I am willing to bet that many people simply use those nearby spaces as free parking while persons with disabilities are forced to park farther way.

Of course, some people who don't have disabilities have been known to abuse parking placards, and parking enforcement should be vigilant to protect against this.

In areas where nearby spaces are at a premium, converting some of the closest on-street or reserved parking to metered disability spaces might go a long way to addressing the needs of individuals with disabilities.
 
Much the same problem arises with restaurants in urban settings. They don't have their own parking lots and depend on area parking garages and on street parking. Based on the discussion above of these restaurants also not in compliance with the ADA parking requirements?
 
Msradell said:
Much the same problem arises with restaurants in urban settings. They don't have their own parking lots and depend on area parking garages and on street parking. Based on the discussion above of these restaurants also not in compliance with the ADA parking requirements?
You can apply with ADA parking requirements and still not comply with ADA.
 
The ADA does not require a business to provide parking or restrooms or drinking fountains or any similar items.

The requirements for parking are usually found in the zoning code

2009

1106.1 Required.

Where parking is provided, accessible parking spaces shall be provided in compliance with Table 1106.1,
 
ADAAG "If parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces ...shall be provided..."

Is there parking for employees?

If so, accessible spaces must be provided....
 
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