NEW PARKING RULES MAY AFFECT YOU, by Roger L. Pettit

Posted by Attorney Roger L. Pettit / Comments

New guidelines have been issued by the Federal Government regarding the accessibility requirements in the Americans With Disabilities Act for public parking.  The ADA accessibility guidelines not only affect local governments but private businesses and employers as well.

Title III of the Americans With Disabilities Act (the Act) applies to places of public accommodation.  The facilities must comply with new rules whenever alterations or new construction is made but these facilities also have an ongoing obligation to remove barriers to access whenever it is readily achievable to do so.

A table is provided in the regulations which identifies the number of total spaces that are handicap accessible.  The number rises incrementally based upon the number of total spaces provided.  We have reproduced the table for your easy reference.

 

Total Number of Parking Spaces	Minimum Number of Required Accessible   Spaces
1 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1000	2 percent of total
1001 and more	20, plus 1 for each 100, or   fraction thereof, over 100

In addition to the number of spaces, for every six (6) accessible spaces or fraction of six (6), one space must be van accessible.

But the regulations go further.  If, for example, a parking lot is open to both employees and customers, and an employee with a disability is unable to take advantage of a van accessible space because it is always occupied by either customers or another employee, then additional spaces that are reserved for specific employees may be necessary.  If employee parking lots are further away than the customer lots, an employee with a disability will have to be accommodated by allowing that employee to park in the customer’s lot.

The guidelines have a few odd requirements.  If you own a restaurant or other facility which uses valet parking, the valet parking area itself must have accessible spaces.  The Department of Justice reasons that valet employees often experience difficulty driving handicap customized vehicles so the individual with the disability must be allowed to self-park.  And the specifications for van spaces have changed.  The dimensions are the same but the new guidelines specify that sixty (60) inches of width must be devoted to the access isle.

Keep in mind that the Act, including the new guidelines, may apply to your facility even if only a portion of it is generally open to the public.  A common example is the leasing office of an apartment complex.  Another example would be a residential community that rents out its meeting rooms to the public.  In either situation, if public parking is provided accessible parking spaces must be provided as well.