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School lot handicapped parking denied

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Student parking lot. Sign does say restricted permit parking NJ law enforcement.  Denied using handicapped parking space with  dr ordered valid Nj state temporary handicapped issued tag  because name was not chosen in random lottery  weeks prior to disabling injury.  Administrator said Had student been chosen several weeks ago, using handicapped spot now would not be an issue.  Isnt this violation of ADA?

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On 9/15/2016 at 4:11 AM, Parkmom said:

Student parking lot.

 

What sort of school?  Public?  Private?  What grade level?  Elementary?  High school?  College?

 

 

On 9/15/2016 at 4:11 AM, Parkmom said:

Sign does say restricted permit parking NJ law enforcement.  Denied using handicapped parking space. . . .

 

What does the denial of use of a handicapped space have to do with a space marked for law enforcement only?  Who was denied use of a handicapped space?  A student?  A parent of a student?

 

 

On 9/15/2016 at 4:11 AM, Parkmom said:

name was not chosen in random lottery  weeks prior to disabling injury.

 

Random lottery?  I assume this means that there are more persons with handicapped stickers than there are handicapped spaces.  Correct?

 

 

On 9/15/2016 at 4:11 AM, Parkmom said:

Isnt this violation of ADA?

 

No way to know unless you describe the situation with a reasonable degree of clarity.

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Hi @Parkmom

 

Welcome to the community and thanks for posting. A few more details would make it easier for our community to offer legal direction. Is the person denied use of the spot a student at the school? Or an employee? Also, as PG asked, what sort of school?

 

The FindLaw.com Team

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So sorry. Here are more details.  Student not allowed to park .  Nj public High school.  Over summer seniors who applied ( my daughter did) are chosen in a random lottery for in campus parking.  She was not lucky.  We had made other arrangements.  no issues.  Two weeks ago had an injury and surgery requiring and now at least 6 months of temporary handicapped tag use.  Drs ordered and DMV issued.  So let school know... Temporarily would be using handicapped spots closest to door she needed to go in daily. Accommodates students needs, requiring no extra work on part of school.  Seems to be simple solution.   There are over 15 maybe more? Handicapped spots.  NEVER used in a variety of parking lots on a large campus.  Almost immediately school replies NO.  She may NOT use any handicapped spots in campus.  IF she had been lucky enough to been chosen in lottery way back before injury happened... And the. Needed to park in handicapped it would be no problem.  But since she wasn't... She is banned from using handicapped spots.  Cannot imagine this is at all legal.  

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@Parkmom Thanks for clarifying. That does sound surprising. A lottery for on-campus parking makes sense. But denying a student use of a handicapped parking spot when that student has a DMV issued handicapped parking tag sounds problematic, and may be an ADA violation. You might want to consider speaking with a disability attorney.

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