Accessible parking; out of sight, out of mind, neglected and abused

 

We must speak-out, and establish a formal governmental

framework of concern for those with accessibility needs

 

 

This nearly invisible accessible parking space is at McCoy Park in Loveland. There should be a pole mounted sign and the paint on the pavement has all but disappeared.

 

A Special Loveland Magazine Report

by David Miller



 

Timmy Clawson surrounded by his family Saturday celebrating his 18th birthday

A reader, Amy Clawson wrote some time ago to Loveland Magazine and said she has had some questions rolling around in her head for quite some time. She asked, “I wonder if you can help through Loveland Magazine?”



Clawson is Family Support Coordinator at the University of Cincinnati University Center for Excellence in Developmental Disabilities at Cincinnati Children’s Hospital Medical Center.

Many around Loveland already know Amy and her family, especially because her son Timmy is  so famous here. The family has been in Loveland for over 15 years with two boys, Ben (UC sophomore) and Timmy (Loveland High School Senior). Amy said, “We have been blessed in many ways having a supportive community for all of us and especially for Tim because he has Cerebral Palsy.”



Amy said that unfortunately, a very common problem for people who have different needs is in finding good, appropriate parking that can accommodate their physical or health issues. She further explained, “We have special equipment and vehicles that improve the quality of our life for ourselves or a loved one that allows us to use physician approved Parking Placards.” For Amy, the family uses it because Tim has a motorized wheelchair (that weighs 350 lbs) and it is safer when given the option to park closer to entrances, or closer to the area in which the event is held. “It is safer usually, to avoid having to weave through traffic,” said Amy. She says the Parking Placard is also a tremendous help during inclement weather. 


Timmy and Amy Clawson need ample space (8' minimum) to the left or right of Tim's van to allow him, in his 350 lbs motorized wheelchair, to exit safely.

Because Amy finds inadequate van accessible parking spots, or people are taking them without a need, she asked Loveland Magazine, “Can you please help us raise awareness to our community and fellow parents? I’m open to other ideas and productive ways to help make a difference for other kids, families, and people with different needs.”



People who illegally use these specially designed parking spots are at risk for getting fined or causing harm to a potential valid parker.  People also think that parking in the diagonally-striped area beside a wheelchair parking spot is OK; it is not. Amy explains, “We need this space to open and close our side entry van to get Tim and his wheelchair out.” She also explains that people might also believe that they are “OK” just parking behind, or in, the wheelchair spots, because they justify to themselves, “We are only here temporarily.” These are all erroneous conclusions and it is breaking the law, according to Amy.



This is a community wide issue and it is pervasive from the perspective of a mother who deals with these issues all too frequently. Whether knowingly or unknowingly, people use bad judgment in using these parking spots, the extra space beside them, or blocking them when they do not have a legal reason to do so. A placard requires a physician’s report attesting to health or physical impairment. It is also not legal to use the placard while parking in a reserved parking spot, if the person the placard is issued to, is not in the vehicle.



“All of these violations happen at Walmart, at FedEx Kinkos, at the Beach Water Park, everywhere, even at our own school buildings and public parks around Loveland,” said Amy.



Amy raised two issues she feels are important to local governing bodies and the public: 



1. It seems like Loveland’s Public Works department staff use the wheelchair parking spots when they do regular maintenance at Nisbet Park. “Why is that ok?” Amy asks. She said that this has been happening for years. “It’s inappropriate and illegal and our city workers should do better.” On the day Amy wrote to Loveland Magazine she said, “It happened again today while a friend and I were walking on the trail. Six Public Works staff and two trucks were parked in the wheelchair spots. She also pointed out that when there is a special event in the park, the wheelchair parking spots are the first ones to be blocked off with yellow tape to allow for the special event crew. “The general public is blessed with the ability to park anywhere. The regular parking spots should be blocked off before any spots that my son would need. We as a community should be better than that,” Amy said.



2. At Loveland High School, Amy has put up with parents and students blocking the wheelchair spots for three years. She said that when Tim was in 9th grade, the former principal said they were working on all the parking lot problems and would take into account her concerns, however nothing was done. “I am a very tolerant person of students who do not know better, but we as parents must do better and show our high school kids that we are not entitled to block wheelchair parking spots or to use them illegally.” She asks for parents to show compassion and love toward our neighbors and fellow students with differences and to teach our children to do the same. Tim is a senior this year, and there are a number of new 9th grade students with special needs attending the school. The new parents of these children pick them up and drop them off before and after school for therapies and doctors’ appointments; not for convenience or soccer practice. Amy suggests that the high school could indeed reroute the entire student drop off and pick up to the end of the sidewalk at the corner. “It would only take some paint on the blacktop to mark off NO PARKING areas and  the general student body should have no problem with walking a few extra feet to get to the school entrance,” said Amy.



 

Amy Clawson took this photograph of a car parked illegally during last Friday's football game at Loveland High School.

 

What was found around the Loveland area

 

Loveland Magazine took a “snapshot” of permit required parking spaces in and around Loveland, looking for instances of abuse, poor markings, etc. We also reviewed pertinent laws governing the requirements for these spots and how they should be marked and identified. We found some excellent examples and some so poor, like the example from McCoy Park above, that they would hardly qualify as being Americans with Disabilities Act (ADA) compliant.

Failure to comply with signage requirements is a violation of Ohio and U.S. law, subject to criminal fines. 



Loveland Magazine has also attended a few of the meetings of Loveland’s Downtown Parking Advisory Committee, and has followed their discussions in their meeting minutes. We have found no discussion of assuring accessible parking provisions for the Historic Downtown. This should become a priority of the committee. Historic Downtown has an inadequate number of these parking spaces, they are poorly marked, and hard to locate. The location of the spaces should also be reviewed to determine if they are in the most convenient and practical locations.



We recommend that city and township policies be enacted that will insure convenient and adequate spaces for all special events. This policy should also require adequate and appropriately placed accessible portable restrooms during special events.



We believe that the planning or zoning commissions of local jurisdictions should also take up an active review of any code or policy requirements for accessible parking and make recommendations to city councils and trustees. They should enact their own internal policy to insure that accessible parking requirements are met when they conduct reviews of development plans in front of themselves, and their staff. This review should include each and every public and private parking lot for which accessible parking provisions are required, including: shopping centers, apartment or condo complexes, or businesses. The Loveland commission should review the sidewalks in Historic Downtown looking to determine if adequate sidewalk width is maintained for ease of maneuvering through the downtown, not blocked by outdoor patios, public benches, trash receptacles, A-Frame signs, and bicycles parked on these sidewalks.



The Loveland School Board should initiate the same type of review for their buildings and make immediate improvements. The athletic departments of the high school and middle school should review how welcoming their athletic facilities are to people with disabilities, ensuring that those with special needs are welcomed into their stadiums, fields, athletic centers, and gyms - with seating that is both convenient, safe, and provide an excellent view of the athletic event.



 

This was Timmy Clawson's view of the Loveland Football game at Tiger Stadium last Friday. There is no designated spot (with signs) for fans who use wheelchairs, but they can use the walkways at the end of accessible ramps. Timmy's view was blocked by inconsiderate fans throughout the game and at one point in most of the third quarter a nearby parent allowed her children to play on the railing directly in front of Timmy. Timmy's aid is on his left. She had to stand throughout the entire game.

 

Area police departments should give high priority to enforcement of accessible parking space regulations as a routine part of their daily patrols. They should report to their supervisors findings of spaces or signs that needs repair or maintenance.  Classroom instruction of accessible parking regulations and requirements of Ohio and local codes should be undertaken for new hires, and for the entire staff once, each year. Strict and absolute enforcement of violations of these traffic laws should be a matter of policy, including not only fining the owner, but towing vehicles found in violation.



The Loveland Recreation Commission has a lot of work to do. They should appoint a special committee to evaluate and make improvements to the number of, location, and markings of, accessible parking spaces in the city parks.



The City of Loveland is currently studying “way-finding” (signs, maps, and other graphic or audible methods used to convey location and directions to travelers) as a means of directing the public to parking spaces in Historic Downtown. Their consultant should be directed to specifically address directional signage pointing to the available accessible spaces and restrooms in the downtown.

All of these governing agencies should evaluate the need for more "van accessible" parking spaces.

Accessible parking spaces should be easy to identify and find. All drivers will be served, whether we are legally allowed to use them, or want to insure they never illegally park in a reserved space. We must speak-out, and establish a formal governmental framework of concern for those with accessibility needs.

 

If you would like to help Amy Clawson achieve these goals, please use the comment section provided at the bottom of this story.

 

 

 

This couple parked in the accessible spot at Nisbet Park with a Disabled Parking placard from Kentucky on their rear view mirror. They said they had just completed a two-hour bike ride on the Loveland Bike Trail. Neither had any difficulty re-loading their bikes onto the car. When they finished loading they walked a wuarter-mile up the trail and shopped at the Loveland Farmer's Market for an hour.

 

While riding bikes for two hours and shopping for an hour at the market, their car remained in an accessible parking space at Nisbet Park. One is not possible, but this driver deserved a "fine-per-hour" citation.

 

This is the remnants of a sign, that is also too low to the ground, at Nisbet Park in Historic Downtown Loveland. These signs should be visible over a vehicle parked in the reserved spot. Perhaps the driver mentioned above could not have received a citation at all because of the condition of the sign in front of her car.

 

This is perhaps the most abused accessible parking space in Loveland. It is at the Loveland Firefighter's Memorial on Harrison Avenue along the Loveland Bike Trail. It is understandable that this spot is so often used by able-bodied people given its faded pavement marking and lack of a pole mounted sign. This car was recently parked in the spot without a placard or special license plate.

 

This well thought out and maintained accessible parking at the Walgreens on Branch Hill-Guinea Pike across the street from Kroger, also includes all of the set-aside parking in a darker pavement, and a blue frame around the pavement marking. The blue background is recommend so the pavement sign remain visible as much as possible when it snows. All three spaces are "Van Accessible". The spots are given high priority at the entrance of the store in a well lit area (important for safety and convenience) and have high pole mounted signs. They do not however have signs that remind of the, "$250 Fine Minimum".

 

These spaces at the Loveland Early Childhood Center are convenient, will maintained, have tall, pole mounted signs, are all "Van Accessible", and have a blue background around the painted pavement marker, making them more visible when it snows. They are also in a very well lit area. They also have the warning of a $250 minimum fine.

This space at Loveland's McCoy park is typically the condition of spots throughout Loveland and in their other parks. However, before they just paint existing spaces again, a review should be undertaken to determine if these spots are adequate in number and in the most convenient places. Van accessible spaces are woefully inadequate throughout the city and in the parks. The Betty Ray Soccer Field has no accessible spaces at all.

 

This sidewalk leads from the parking lot at Loveland's Phillips Park to the public restrooms. A wheelchair, or two people, one assisting another, would have a very difficult and dangerous trip to the restroom. A sign should be placed so the area is not used as a storage area. An alternative is to widen the sidewalk.

 

This is the accessible space at Loveland's Boike Park, next to the Loveland Youth Football Field.

 

These were the portable toilets for Loveland 's 4th of July main stage. The entrance was facing the grass, when a paved parking lot is on the other side. None were accessible. The nearest accessible public restroom was nearly 1/4 mile away at Nisbet Park.

 

This couple found the accessible restrooms at Nisbet Park, and some of the activities on the 4th of July, were in the park, but the main stage was 1/4 mile away where no accessible restrooms were available. Also to note; it is quite a maze finding an easy path with a wheelchair from the park to the restrooms.

 

This was some of the crowd at Loveland's 4th of July in Historic Downtown in front of the main stage. Many of these revelers enjoyed the cold beer offerings. Their bathrooms were only 100-feet away. Perhaps a person needing an accessible bathroom would not be so jubilant and eager to imbibe, knowing THEIR restroom was 1/4 mile away through the packed streets and sidewalks. Accessible seating arrangements would be nice when crowds are expected to surround the band stage like this.

 

This van accessible parking at Take Home Tano is one of the better at one of Loveland's smaller businesses. It is convenient, and well marked, but curbs could be installed to prevent vehicles from blocking the sidewalk like this truck almost has.

 

This is how the Prince of Peace Lutheran Church on Lebanon Road reconfigured their accessible parking space during their recent renovation.

 

Marco's Pizza, a national chain, has not prioritized how they construct and maintain accessible parking spaces. It would be difficult for local law enforcement to issue citations in these circumstances.

 

Perhaps this car without a placard or special license plate is parked illegally at the Chapelwood Apartments. Perhaps not. This space would not meet the standards of the Americans with Disabilities Act (ADA) which is administered by the U. S. Justice Department.

 

A typical accessible parking space at the Chapelwood Apartments. The pavement markings at accessible spaces should be painted toward the street side of the space so the marking can be seen by law enforcement.

 

There are zero accessible parking spaces at Bodley Park; aka, Betty Ray Soccer-fields.

 

Separate but equal at Betty Ray soccer field? Not even close. This is the only bathroom in the heavily used park. For a person needing an accessible toilet, and no reserved, accessible parking spaces, this says, "Not Welcome."

 

This recently painted spot at the Loveland Veterans' Memorial does not have a sign of sufficient height to meet ADA guidelines, nor a sign warning of a $250 fine for illegal parking.

 

This is the lot between Roncker's Running Spot and the Brown building in Historic Downtown Loveland. There are no accessible parking spaces.

 

This is the only accessible parking space within a block of where the Tuesday afternoon Loveland Farmer's Market is held. Access to the spot is barricaded from any use, from Monday afternoon, the day before the market is open, until the market closes Tuesday evening.

 

These signs were erected to reserve special parking spaces for local businesses when the Farmers Market  is open, yet this lot has no accessible spaces set aside. The nearest space is around the street and barricaded when the market is open. The next, nearest accessible space, is two blocks away behind Paxton's in the City Hall parking lot.

 

 

 If you would like to help Amy Clawson achieve these goals, please use the comment section provided at the bottom of this story.

 

Resources

 

 

One Athens, Ohio City Council member says most use wrong sign that are not current with new standards. He says, the standard sign under Manual Uniform Traffic Control Devices (MUTCD) protocol calls for a green border with green text on a white background and the blue international symbol of accessibility parking space marking, which depicts a stick individual in a wheelchair. Read more...

 

These are the required signs according to a study done in Athens, Ohio.

 

The Department of Justice publishes these documents of the Americans with Disabilities Act

Download ADA Standards for Accessible Parking Spaces

How many spaces are required in public and private lots - Download ADA Standards for Accessible Parking Spaces

Download 2010 ADA Complete Standards

ADA Update: A Primer for Small Business

An illustrated guide to help small businesses understand the requirements of the 2010 ADA regulations. (2011)

A Guide to Disability Rights Laws | PDF

Title II Technical Assistance Manual | Supplement 

A 56-page manual that explains in lay terms what State and local governments must do to ensure that their services, programs, and activities are provided to the public in a nondiscriminatory manner. (1993)

The ADA and City Governments: Common Problems

A 9-page document that contains a sampling of common problems shared by city governments of all sizes, provides examples of common deficiencies and explains how these problems affect persons with disabilities. (2000)

ADA Guide for Small Towns

A 21-page guide that presents an informal overview of some basic ADA requirements and provides cost-effective tips on how small towns can comply with the ADA. (2000)

 

Other Resources

California Department of Transportation Standard Plan - Perhaps the easist of all drawings to learn about how to comply with the federal law.

Handicapped no more, say Ohio lawmakers

Guidelines for Accessible Parking Spaces used by Solon, Ohio

Restriping Parking Lots