Our effin' PD

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Already mentioned the ADA but it was ignored.....wonder how bad this guy is going to be bitching about this sort of stuff when the day gets here that he is looking for a handicap spot....


I know Doug and the reason I brought it up again.
 
Already mentioned the ADA but it was ignored.....wonder how bad this guy is going to be bitching about this sort of stuff when the day gets here that he is looking for a handicap spot....

I would just park right behind the guy. I would give him the gran Torino Clint Eastwood attitude before I called the cops!
 
I would just park right behind the guy. I would give him the gran Torino Clint Eastwood attitude before I called the cops!


That won't teach the person a lesson. Hit them in the wallet.
 
hate to tell folks this, aint like there is alot of pressing crime issues here in the spokane/cda area. and i would be willing to bet while this was going on there was no rape/murder/child abduction going on so calling the po-po would not have taken them away from more "pressing" issues. could always do what i used to do in AZ, take a picture of there car and go visit the cops. had more than one night off from work to go court to swear in front of a judge that the picture was not doctored.
 
I would just park right behind the guy. I would give him the gran Torino Clint Eastwood attitude before I called the cops!
and if the guilty party has a firearm and is a bit ummmm unstable, which seems to be a growing problem ? dude, what part of this is what the cops are for don't you grasp? sure it is private property, but it is a federal law and seeing as how there are not any no trespassing signs pretty sure it is legal for po-po to write tickets. hell, as long as someone opened the gate for them they used to come onto the post offices property and write tickets.....and that is federal property......
 
I still think its silly to call the cops, that is, unless it's directly inhibiting someone in need of the space, and the offender still refuses to move or they aren't around to move it.
My opinion, don't get upset, if you don't like to hear peoples opinions on off topic stuff like this I've got a simple solution for ya, don't post it on a forum

The same thing makes me angry on the opposite side of the spectrum, and yes I see this a lot too. A family member is using their handicapped grandpas car (just an example). They pull up to the store and park in a handicapped spot for their convenience and essentially abuse the handicap permit. Happens all the time, but I still wouldn't call the police over it

Another example, this has happened to my grandfather plenty of times... He has two cars and sometimes leaves his pass. He's not capable of walking through the parking lot so he parks handicapped anyways.
 
People post their opinions on FABO all the time whether it's about on-topic subjects or otherwise.

You're getting bashed and singled out frankly because your opinion is the wrong one. :-D

"... unless it's directly inhibiting someone in need of the space ..." It's fairly obvious from the original poster's first comment that he was directly inhibited, isn't it? Though I can't type for him, I believe his frustration was related to the lack of response by the police department, not whether he needed to hash things out personally with the offender in the handicapped spot.

What exactly qualifies as proper police-calling reasoning and etiquette will probably be brought up next even though it has nothing to do with the topic either.

Here Ms. Baugh, have some Midol and lighten up.
 
People post their opinions on FABO all the time whether it's about on-topic subjects or otherwise.

You're getting bashed and singled out frankly because your opinion is the wrong one. :-D

"... unless it's directly inhibiting someone in need of the space ..." It's fairly obvious from the original poster's first comment that he was directly inhibited, isn't it? Though I can't type for him, I believe his frustration was related to the lack of response by the police department, not whether he needed to hash things out personally with the offender in the handicapped spot.

What exactly qualifies as proper police-calling reasoning and etiquette will probably be brought up next even though it has nothing to do with the topic either.

Here Ms. Baugh, have some Midol and lighten up.

Maybe I misunderstood, it wasn't clear to me! Sometimes over the internet it hard to understand what someone is saying. If he needed to park there
Yeah I agree, it was worth the phone call I've said that already! I'll stop here though before it gets out of hand...
 
Here in Winnipeg the police & the parking patrol actively ticket &/or tow illegally parked cars. At Christmastime the only empty spots at the malls are usually the handicapped spots.

What burns me are handicapped drivers parked in non handicapped spaces. LOL
 
Guess what it is the Police job to take care of problems like this. Federal law dictates this. Look up the American Disabilities Act (ADA)

Actually, the ADA does not specify that police are the enforcement. In fact, it mentions that punitive action is civil in nature--civil court is the enforcement branch of the ADA. Police Departments deal with Criminal matters, and not Civil matters. That is why the dispatcher told you it is not a police matter. Enforcement action would be taking the store manager/owner to civil court and filing a lawsuit seeking civil judgement.

Speaking with the store manager on duty would be your first option.

From American's with Disabilities Act:

Sec. 12188. Enforcement

(a) In general

(1) Availability of remedies and procedures

The remedies and procedures set forth in section 2000a-3(a) of this title are the remedies and procedures this subchapter provides to any person who is being subjected to discrimination on the basis of disability in violation of this subchapter or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 12183 of this title. Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this subchapter does not intend to comply with its provisions.

(2) Injunctive relief

In the case of violations of sections 12182(b)(2)(A)(iv) and Section 12183(a) of this title, injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with disabilities to the extent required by this subchapter. Where appropriate, injunctive relief shall also include requiring the provision of an auxiliary aid or service, modification of a policy, or provision of alternative methods, to the extent required by this subchapter.

(b) Enforcement by Attorney General

(1) Denial of rights

(A) Duty to investigate

(i) In general

The Attorney General shall investigate alleged violations of this subchapter, and shall undertake periodic reviews of compliance of covered entities under this subchapter.

(ii) Attorney General certification

On the application of a State or local government, the Attorney General may, in consultation with the Architectural and Transportation Barriers Compliance Board, and after prior notice and a public hearing at which persons, including individuals with disabilities, are provided an opportunity to testify against such certification, certify that a State law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this chapter for the accessibility and usability of covered facilities under this subchapter. At any enforcement proceeding under this section, such certification by the Attorney General shall be rebuttable evidence that such State law or local ordinance does meet or exceed the minimum requirements of this chapter.

(B) Potential violation

If the Attorney General has reasonable cause to believe that

(i) any person or group of persons is engaged in a pattern or practice of discrimination under this subchapter; or

(ii) any person or group of persons has been discriminated against under this subchapter and such discrimination raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate United States district court.

(2) Authority of court

In a civil action under paragraph (1) (B), the court

(A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subchapter

(i) granting temporary, preliminary, or permanent relief;

(ii) providing an auxiliary aid or service, modification of policy, practice, or procedure, or alternative method; and

(iii) making facilities readily accessible to and usable by individuals with disabilities;

(B) may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved when requested by the Attorney General; and

(C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount

(i) not exceeding $50,000 for a first violation; and

(ii) not exceeding $100,000 for any subsequent violation.

(3) Single violation

For purposes of paragraph (2) (C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a single violation.

(4) Punitive damages

For purposes of subsection (b) (2) (B) of this section, the term "monetary damages" and "such other relief" does not include punitive damages.

(5) Judicial consideration

In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability.
 
Well, being the father (and driver) of a youngster who uses a wheelchair, I have had me share of incidents. Never called the cops, but waited a few times for the offenders to come back or left "Thank You" messages!!

One day Nella and I went to the ban and parked in the end handicapped spot and unloaded her in the zebra zone next to the van and went in. When we came back out, there was a car with a handicapped hang tag parked right next to us, in the zebra zone!! So, I backed up the van and parked right behind him and opened the lift door and started loading her up. He came WALKING out of the bank and saw the action and came over. I ripped him up and down about illegally parking and blocking our entrance to the van, and scolded him for not knowing better because he too was "handicapped"!! Did it help?? I don't know, but it sure felt good to teach someone a lesson!!

I'm with Del, businesses have a responsibility to keep the handicap parking areas open for customers, and should I encounter a situation such as he described, I would get out, and not so gently "remove" the items from the spot, and then call the police and report it. I'm sure I would have an audience and some store employees as witnesses!! geof
 
I wasn't going to comment, I was just reading for my own betterment, but.....

I think what we are seeing is the failing of communication here. We can talk about it here on this forum, but why can't we just step up to our fellow man (woman, other) and rationally talk, also? Sure, the jackwagon that has offended may indeed just be a self absorbed tool, but are we any better for making that assumption and immediately going to the next level? You can't complain about society taking a nose dive if you're not going to try and be better yourself.

Or, maybe my meds are off again and I just need more coffee.

BTW, Cosgig, you are my hero of the morning.
 
Maybe I misunderstood, it wasn't clear to me! Sometimes over the internet it hard to understand what someone is saying. If he needed to park there
Yeah I agree, it was worth the phone call I've said that already! I'll stop here though before it gets out of hand...

really?? maybe you should reread all your comments.

Actually, the ADA does not specify that police are the enforcement. In fact, it mentions that punitive action is civil in nature--civil court is the enforcement branch of the ADA. Police Departments deal with Criminal matters, and not Civil matters. That is why the dispatcher told you it is not a police matter. Enforcement action would be taking the store manager/owner to civil court and filing a lawsuit seeking civil judgement.

Speaking with the store manager on duty would be your first option.

From American's with Disabilities Act:

Sec. 12188. Enforcement

(a) In general

(1) Availability of remedies and procedures

The remedies and procedures set forth in section 2000a-3(a) of this title are the remedies and procedures this subchapter provides to any person who is being subjected to discrimination on the basis of disability in violation of this subchapter or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 12183 of this title. Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this subchapter does not intend to comply with its provisions.

(2) Injunctive relief

In the case of violations of sections 12182(b)(2)(A)(iv) and Section 12183(a) of this title, injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with disabilities to the extent required by this subchapter. Where appropriate, injunctive relief shall also include requiring the provision of an auxiliary aid or service, modification of a policy, or provision of alternative methods, to the extent required by this subchapter.

(b) Enforcement by Attorney General

(1) Denial of rights

(A) Duty to investigate

(i) In general

The Attorney General shall investigate alleged violations of this subchapter, and shall undertake periodic reviews of compliance of covered entities under this subchapter.

(ii) Attorney General certification

On the application of a State or local government, the Attorney General may, in consultation with the Architectural and Transportation Barriers Compliance Board, and after prior notice and a public hearing at which persons, including individuals with disabilities, are provided an opportunity to testify against such certification, certify that a State law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this chapter for the accessibility and usability of covered facilities under this subchapter. At any enforcement proceeding under this section, such certification by the Attorney General shall be rebuttable evidence that such State law or local ordinance does meet or exceed the minimum requirements of this chapter.

(B) Potential violation

If the Attorney General has reasonable cause to believe that

(i) any person or group of persons is engaged in a pattern or practice of discrimination under this subchapter; or

(ii) any person or group of persons has been discriminated against under this subchapter and such discrimination raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate United States district court.

(2) Authority of court

In a civil action under paragraph (1) (B), the court

(A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subchapter

(i) granting temporary, preliminary, or permanent relief;

(ii) providing an auxiliary aid or service, modification of policy, practice, or procedure, or alternative method; and

(iii) making facilities readily accessible to and usable by individuals with disabilities;

(B) may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved when requested by the Attorney General; and

(C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount

(i) not exceeding $50,000 for a first violation; and

(ii) not exceeding $100,000 for any subsequent violation.

(3) Single violation

For purposes of paragraph (2) (C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a single violation.

(4) Punitive damages

For purposes of subsection (b) (2) (B) of this section, the term "monetary damages" and "such other relief" does not include punitive damages.

(5) Judicial consideration

In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability.
Not a matter for the police?? Care to explain why I have seen them write plenty of tickets for it?

This just makes me believe more and more that the wife is right when she says that the basic problem with society anymore is people are just rude?

It is very easy for someone that does not need a handicap parking spot to sit here and be so effing critical about the behavior of those who do.
 
I wouldn't be so easily offended... If I did offend I apologize I am only debating the best way to get these people OUT of handicap spots... I simply acknowlaged that calling the police might not always be the best solution. I have agreed that they don't belong in the space regardless of the situation... Don't take it the wrong way. Read my comments carefully, I have not contradicted myself

Speaking with the employer might just be easier... they can call a tow truck and end it right then and there, no police involved, I'm done... If you come to a childesh conclusion that I'm a jackwagon self absorbed tool for simply mentioning that so be it...
 
HA HA HA HA!!!!!!!!! Guess I hit a nerve. Just for the record, I'm not an *** ... I'm just that rare honest woman who calls them like I see them.

Wow C., it looks like you had your editing pen flowing in full force this morning. I can only imagine what Doug started out with. LMAO

Len, it's fairly obvious that the entire membership is not yet familiar with your particular situation. Why not show off that hot rod you built here and let them see a little part of your life outside the board? Maybe some compassion and understanding really do lurk underneath the flippant replies after all ... but we'll see.
 
easily offended?? nope....childish conclusion?? nope....you are what you say you are a :tool:
 
Right, because someone disagrees with you they're autamatically a tool and a doushebag? How have I showed any sort of lack of compassion??? I feel its pointless for me to say anything else because on some sort of false pretense I'm a douche to you people. There was no lack of respect towards the handicaped in any of my comments, maybe it's hard to see that by just looking at words.
 
Last edited by 6pk2goDemon; 08-07-2012 at 10:44 AM. Reason: removed quoted post


And you're just no fun at all C. :-D But I love ya anyway.
 
The local Home Depot store has a ton of Handicap parking spaces, at the most 2 or 3 are used, lots of times none are use. Us "healthy" people need to walk much farther both ways. I look at all those unused parking spaces and just shake my head
 
For those doubting that the PD should, would, could, or may enter private property to ENFORCE the codes peraining to this, thus dispelling once and for all whether this is a police matter, I quote partially "the code"

Idaho state code (where 'did happened)

TITLE 49
MOTOR VEHICLES
CHAPTER 2
GENERAL
49-213

(1) Local governments and owners of private property open to public use shall designate parking zones and spaces..............................................

(a) Parking lots will conform to the requirements of federal Public Law 101-336, Americans with disabilities act of 1990........................................

(and the punchline:)

The registered owner of a vehicle parked in violation of the provisions of this subsection is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100). Vehicles parked in violation of this section may be towed pursuant to provisions of state law or local ordinance.
(3) Law enforcement officials and/or their designees as authorized by a city or county are empowered to enter upon private property open to public use to enforce the provisions of this section......................................

Coeur d Alene CITY code pretty much parrots this section

So the police ARE empowered, IE REQUIRED to enforce this code

They CAN enter your precious "private property" and without warrant I would add

You CAN have your device/ object/ vehicle/ boat/ car/ airplane/ etc TOWED.
 
That is one thing that just REALLY gets under my skin. Just a few weeks ago I parked my truck behind some yuppy prick in a BMW roadster that just HAD to park close to drop his movies off. Would have taken him less time if he would have just parked in the regular spot he was supposed to two stalls over.
 
i am guilty of parking in a handicapped spot ONCE. the city cops were on me in a matter of minutes. i was in the store for 10 minutes and i came out to a 75 dollar ticket. it is their JOB to write these tickets and to keep the spots open for their intended usage. if i was handicapped and the parking lot was full and some *** was parked in a spot intended for ME and they didnt have the priviledge to park there, i would call the frickin cops MYSELF.
 
I hate the people who hang the HC placard on their mirror because they sometimes drive around a deserving disabled person but still park in the HC spaces when they are by themselves as if they have a VIP parking pass. It should be revoked from them if they get caught!
 
Off topic but I always get irritated at people who will sit there and wait for 2 minutes in their car for someone to load up their stuff and pull out of one of the closer spots. I can park 10 spaces back and be shopping by time they are even out of their car.

What cracks me up are the people who are forced to park 10 or 15 spaces farther than normal and say "Oh well I guess I need the exercise". If walking 10 car lengths extra once in a while is exercise for you, then you have problems.
 
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